What Is the 408 Rule in Florida?
Gregg Hollander | April 14, 2026 | Personal Injury
Florida Statute 90.408 prohibits offers to compromise or settle a claim from being used as evidence in court. This rule allows both sides to negotiate openly without fear that those discussions will later be used at trial.
What Is the 408 Rule in Florida?
Florida Rule of Evidence 90.408, often called the 408 rule, is a law that prevents offers to settle a disputed claim and statements made during settlement negotiations from being used as evidence to prove liability or the value of a claim in court. The rule is designed to encourage open and honest settlement discussions by ensuring that parties can negotiate without fear that their offers or statements will be used against them later in litigation.
Under this rule, evidence of compromise offers and settlement discussions is generally not admissible to show that a party is responsible for an injury or that a claim has a certain monetary value. However, it may still be allowed for other limited purposes that are not related to proving fault or damages.
What Is The Rule 1.4 1 Communication of Settlement Offers?
Rule 1.4 requires attorneys to promptly communicate all settlement offers and other important case information to their clients. This includes every offer from opposing counsel, even if the attorney believes the offer is not favorable or likely to be accepted. The purpose of the rule is to ensure that clients have the information they need to make informed decisions about settlement because only the client has the authority to accept or reject a settlement offer.
In some limited situations, a lawyer may delay communication if they reasonably believe immediate disclosure would likely result in imminent harm to the client or others. However, even in those cases, the attorney must still provide the information as soon as it is safe to do so.
At Hollander Law Firm, transparency is a core value. Every offer is shared immediately and discussed in detail so clients can make fully informed decisions.
Why These Rules Matter
Together, these rules create fairness. Clients stay in control of their case, and negotiations stay protected, giving everyone the best chance at a just result.
Contact Hollander Law Firm for a Free Consultation
If you still have questions about “what is the 408 rule in Florida?” or “what is the rule 1.4 1 communication of settlement offers?”, Hollander Law Firm is here to help. We will explain how these rules apply to your situation, protect your rights during settlement talks, and make sure you stay fully informed about every offer. Contact us today to schedule a free consultation.