What is an Offer To Confess Judgement in My Oklahoma Personal Injury Case And How Does It Work

An offer to confess judgement is a tool used by insurance defense firms when their insured has injured you in a personal injury case. When you are involved in a car accident or other personal injury in Oklahoma and you are not at fault you are entitled to collect damages from the negligent person. The amount of those damages depends on several factors. Some factors are the amount of your medical bills that reflects pain and suffering as well as the amount of the policy limits the negligent party has. There are other factors but those I’ve mentioned shed some light on what’s available to you as a settlement.

What is An Offer To Confess Judgement In a Injury Case

Under 12 O.S. § 1101 and § 1101.1, a defendant (like an at-fault driver’s insurance company defending them) may file an offer to confess judgment with the court. Its a tool used by the insurance defense lawyers to try and settle the case. It’s consists of a written offer where the defendant admits liability up to a sum certain. In the offer the insurance company says we will confess judgement for X amount and if you accept the offer you receive that amount and the case will be settled. If you reject the offer you and your personal injury attorney must proceed to trial.

The Risk of Rejecting

The big risk is cost-shifting:

• If you go to trial and obtain a judgment that is not more favorable than the offer, you will be required to pay the defendant’s court costs and attorney fees incurred after the offer was made.
• Court costs in Oklahoma include things like:
  • Filing fees
  • Service of process fees
  • Deposition transcript costs
  • Witness fees
  • Subpoena costs
  • Reasonable attorney fees since the offer was made
• Importantly, if the offer to confess judgement amount is greater than the award Oklahoma allows the attorney to collect reasonable attorney fees accruing from the date the offer was made. This is the biggest risk of rejecting the offer.

Strategic Considerations

If the offer is close to what you reasonably expect to win, rejecting it exposes you to paying costs including reasonable attorney fees. On the other hand If your injuries are serious and your case is strong, you may justify rejecting the offer and going for more. I tell my clients to consider the extent of the coverage along with any risks of subrogation from other carries in the case.

Sometimes insurers use this tool to pressure plaintiffs into settling — because the cost of attorney fees and costs can add up and if you and your injury attorneys aren’t careful you could win the case but still come out with way less money and in many cases even end up owing money for an accident you didn’t cause..

Call A Tulsa Car Accident Attorney Near You

The risk of rejecting an offer to confess judgment in Oklahoma is that you could end up owing their attorney fees plus all other costs associated with the trial. Its also important to understand that before you even get to the point where an offer is made the insurance company must believe that you are willing to go all the way. If they’ve made this offer to confess and its after you have filed a lawsuit I think its a sign that you’ve done a good job and should way your options carefully. For a Free consultation with a car accident attorney in Tulsa call Kania Law Office at 918.743.2233.