Legal Q&A

Answers to common legal questions about accidental injury, negligence, and insurance.
Question: What does "Notice of Service of Proposal for Settlement" Mean?

I saw this information posted for my pending civil case. What does it mean?

Answer:

It means that whatever party filed the notice has served a Proposal for Settlement (PFS) in the case.

Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442 explain what a PFS is and how it works. In layman’s terms, it is an offer to settle the case that is made by one party to another. The party receiving the PFS has 30 days to accept it or it is deemed rejected.

If Plaintiff rejects a PFS from a Defendant, and does not get at least 75% of that offer at trial, the Plaintiff could be on the hook for the Defendant’s attorney’s fees and costs for any work or costs incurred after the expiration of the offer.

On the flip side, if a Defendant rejects a PFS made by a Plaintiff, and the Plaintiff gets more than 25% of that offer at trial, the Defendant could be on the hook for the Plaintiff’s attorney’s fees and costs for any work or costs incurred after the expiration of the offer.

The rules regulating a PFS have to be strictly adhered to. Civil litigation is complicated and shouldn’t be handled without the assistance of an experienced attorney. I strongly recommend that you contact my office for a free consultation and complete analysis of your case. I look forward to hearing from you.

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