Strategies, Challenges, and Answers

Don’t Sabotage Your Own Offer Of Judgment!

Smart adjusters have avoided paying a Plaintiff’s verdict and have recovered their own costs and attorney’s fees by properly using Offers of Judgment rules as a defense strategy, even where liability is adverse.  However, a Nevada Supreme Court case could cause an unwary adjuster to undervalue the Offer of Judgment and thereby miss out on the advantages that are available under those rules.  Don’t sabotage your position while using the Offer of Judgment strategy because you are unaware of … [Read more...]

A Fee Shifting Strategy For Nevada’s District Court: Part 1

WINNING A DEFENSE VERDICT IS NOT ENOUGH! Why The Defense Needs To Use The Offer Of Judgment Strategy In Every District Court Case. I can’t count the number of times I have heard a defense client or an insurance adjuster say, “The plaintiff’s case is a dog.  Why should I offer anything to the plaintiff to settle the case?”    My response to that question has always been, “Only by serving an Offer of Judgment, can the defense best position itself to either settle the case or try it.”  This … [Read more...]

A Fee Shifting Strategy For Nevada’s District Courts: Part 2

WHEN SERVING AN OFFER OF JUDGMENT, TIMING AND FORM ARE EVERYTHING In Part I of this Post, I discussed an Offer of Judgment strategy and detailed the advantages of serving a defense Offer of Judgment in every civil case.An obvious advantage of serving an Offer of Judgment is that if the opponent accepts the offer, you have put an end to the case.  The less obvious advantage is that if the Offer expires without having been accepted, you have placed your opponent at risk of having to pay your … [Read more...]

A Fee Shifting Strategy For Nevada’s District Courts: Part 3

AN OFFER OF JUDGMENT SUCCESS STORY Over the course of the last few years, several Mills & Associates Newsletters have been devoted to the strategy of serving Offers of Judgment in defense litigation cases.  An exceptionally good example of how this Offer of Judgment strategy can make a difference presented itself in a wrongful death case that this office recently settled.  With the permission of the insurance carrier and the clients, please allow me to describe the circumstances related to … [Read more...]