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generally speaking offers to settle a lawsuit where the acceptance of a settlement offer cannot be used by either party during litigation so what will happen is most cases are most litigation the parties will try to negotiate before a trial and docHub a settlement and sometimes that happens most cases it does but in some cases it doesnt happen and if the case goes to trial the parties cannot use the settlement offer or an acceptance of a settlement offer to prove liability on either side or to establish damages all right are the amount of money in controversy so keep that in mind and if you are in settlement negotiations you should feel free to make offers and to accept them but you also need to keep in mind that any statements of fact or anything you throw in aside from a straight offer acceptance might be used against you so lets say youre talking with the other side and you say well I think my claim on this is weak because of X Y Z and therefore Ill settle for such-and-such a