How does an offer of settlement affect a wrongful death case specifically?
Because wrongful death verdicts can be very large, O.C.G.A. § 9-11-68 can create enormous strategic leverage. For example: if HBLG makes a plaintiff’s offer of $2 million on behalf of a wrongful death claimant, and the defendant rejects it, and the jury later awards $3 million (which exceeds 125% of the $2M offer), the defendant may owe HBLG’s attorney’s fees and litigation costs from the date of the offer forward. This can translate to hundreds of thousands of dollars in additional recovery for the family.
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