Q&A - Should my partner accept a Part 36 Offer for injury compensation?

Q:    My partner was crossing a road at a set of traffic lights on her way to work when she was clipped by a delivery lorry trying to beat the lights. She sustained bruising, a dislocated shoulder and also a badly broken leg. The lorry driver admitted liability and my partner subsequently put in a claim for injury compensation. She has now received a ‘Part 36 Offer’ which we do not really understand. Please can you explain what a Part6 36 Offer is, and whether or not she should accept it?

A:    A Part 36 Offer is an offer made prior to a case going to court. If the offer is accepted, then that concludes the case before going to trial. If the offer is not accepted and the case does go to trial, the court can impose substantial costs penalties where a party fails to beat the Part 36 offer. This is a tactic used to make claimants think long and hard about settling their case, rather than going to court.

A Part 36 Offer can be made at any point (by either party) during the claim process and without admission of any fault. There is a minimum of 21 days allowed for the party to consider the offer. During this period, the offer cannot be withdrawn or altered. Whilst compensation is usually paid out quickly with Part 36 Offers, it is most commonly on the basis of that being a full and final settlement, so if the effects of any sustained injuries later worsen there is no chance of further compensation.

You should always seek legal advice from an experienced solicitor when negotiating or considering settling a personal injury claim.

Article April 2021

This question has been answered by Claire Parfitt, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  In accordance with government guidelines, most of our lawyers are currently working remotely which means you may not now receive a response as promptly as you may expect. Please kindly bear with us and we will respond as soon as we are able.

Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry, please use the ‘Contact us’ form on the website or call Oswestry 01691 659194 or Wrexham 01978 291456. As a firm, you will appreciate that we are still extremely busy, and whilst our colleagues are well equipped to work remotely, due to current circumstances work may be interrupted – however cases are still ongoing and will be prioritised by urgency and need. Stay safe and thank you for your support.

Claire Parfitt

Claire Parfitt

Solicitor

Solicitor within our Civil Litigation team in Wrexham and Oswestry

Robert Williams

Robert Williams

Partner

Partner and Head of the Civil Litigation, Personal Injury and Dispute Resolution team in Wrexham