Is an Offer of Judgement, an admission of guilt?

Asked over 1 year ago - Merrick, NY

My wife was given an Offer of Judgement and told that this is a win for her, but is it monetarily only, she wants the other party to admit guilt.

Attorney answers (1)

  1. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    Answered . An offer of judgment is not an admission of guilt, although, there is no reason why a party can't admit liability at the same time they are making an offer of judgment. Typically, an offer of judgment is a tacit concession by the defendant, that a) he can't win the case or b) he can only win by expending a huge amount of money, which makes settlement appropriate. If your wife insists on the other side admitting liability, and they won't do so, she can reject the offer and proceed to trial. Depending on the circumstances under which she rejects the offer of judgment, she could become liable for the other parties costs as well. Listen to your attorney. There are never any guarantees in litigation, and receiving money is a whole lot better than not receiving money.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more

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