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Advantages and Disadvantages of CCP 998 Offer

Hayward, CA |

I am a plaintiff in an unlimited civil case. What are advantages and disadvantages of sending CCP 998 offer to a defendant?

Attorney Answers 3

  1. Obviously, the advantage of a 998 is the ability to recoup costs if you beat the offer and the pressure to settle that puts on the other side. The main disadvantage is that, since you want to ensure you beat the 998 at trial, you want to be conservative with your offer, and when you are conservative, you potentially rule out the possibility of a higher settlement.

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

  2. Patrick laid it out well

  3. Also, certain cases allow you to accrue pre-Judgment interest on the principal sum awarded.

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