How to write a 998 letter
I am representing myself against the defendant in a civil lawsuit in the superior court.
To try my best to resolve my lawsuit against the defendant, how do I write a 998 letter/offer to the defendant's attorney?
Is there any forms for 998?
What are the disadvantages of writing a 998 letter?
Thanks for your advice.
Re: How to write a 998 letter
The comments from the two other attorneys are basically correct. After you do what they suggest, I would recommend you consult with a local attorney who has handled many similar cases and on an hourly basis find out what is a reasonable demand under the circumstances and have him/her write a detailed settlement demand letter; it will cost you several hundred dollars but may make the defense attorney think you have retained the other attorney to handle all of the case so he will offer more. It will be cheaper in the long run to do that.
Remember that the purpose of a 998 is to be able to recover costs so it is normally set at a level that is lower than what a jury will award but is made early enough in the case that the other side will not accept it but has had enough time to do enough discovery to know the value of the case. So it would be smarter to made a settlement demand and see what negotiations lead to and then make a 998. You also want to try to get the other side to agree to mediation or arbitration where your being without an attorney will have less effect on how much you are offered to resolve the case than a trial.
Good luck, as unfortunately you will need it.
Re: How to write a 998 letter
The comments from the two other attorneys are basically correct. After you do what they suggest, I would recommend you consult with a local attorney who has handled many similar cases and on an hourly basis find out what is a reasonable demand under the circumstances and have him/her write a detailed settlement demand letter; it will cost you several hundred dollars but may make the defense attorney think you have retained the other attorney to handle all of the case so he will offer more. It will be cheaper in the long run to do that.
Remember that the purpose of a 998 is to be able to recover costs so it is normally set at a level that is lower than what a jury will award but is made early enough in the case that the other side will not accept it but has had enough time to do enough discovery to know the value of the case. So it would be smarter to made a settlement demand and see what negotiations lead to and then make a 998. You also want to try to get the other side to agree to mediation or arbitration where your being without an attorney will have less effect on how much you are offered to resolve the case than a trial.
Good luck, as unfortunately you will need it.
Re: How to write a 998 letter
The comments from the two other attorneys are basically correct. After you do what they suggest, I would recommend you consult with a local attorney who has handled many similar cases and on an hourly basis find out what is a reasonable demand under the circumstances and have him/her write a detailed settlement demand letter; it will cost you several hundred dollars but may make the defense attorney think you have retained the other attorney to handle all of the case so he will offer more. It will be cheaper in the long run to do that.
Remember that the purpose of a 998 is to be able to recover costs so it is normally set at a level that is lower than what a jury will award but is made early enough in the case that the other side will not accept it but has had enough time to do enough discovery to know the value of the case. So it would be smarter to made a settlement demand and see what negotiations lead to and then make a 998. You also want to try to get the other side to agree to mediation or arbitration where your being without an attorney will have less effect on how much you are offered to resolve the case than a trial.
Good luck, as unfortunately you will need it.
Re: How to write a 998 letter
The comments from the two other attorneys are basically correct. After you do what they suggest, I would recommend you consult with a local attorney who has handled many similar cases and on an hourly basis find out what is a reasonable demand under the circumstances and have him/her write a detailed settlement demand letter; it will cost you several hundred dollars but may make the defense attorney think you have retained the other attorney to handle all of the case so he will offer more. It will be cheaper in the long run to do that.
Remember that the purpose of a 998 is to be able to recover costs so it is normally set at a level that is lower than what a jury will award but is made early enough in the case that the other side will not accept it but has had enough time to do enough discovery to know the value of the case. So it would be smarter to made a settlement demand and see what negotiations lead to and then make a 998. You also want to try to get the other side to agree to mediation or arbitration where your being without an attorney will have less effect on how much you are offered to resolve the case than a trial.
Good luck, as unfortunately you will need it.
