What is an Offer of Settlement under Georgia law, and how does it affect my case?

What is an Offer of Settlement under Georgia law, and how does it affect my case?

O.C.G.A. § 9-11-68 allows either party to make a formal written settlement offer (sometimes called a “Offer of Settlement” or “Georgia Offer of Judgment”) that carries fee-shifting consequences. If you reject a defendant’s offer and subsequently receive a verdict that is 25% less than the offer, the defendant may recover litigation costs (but not attorney fees) from you. Conversely, if a plaintiff makes an offer that the defendant rejects and the verdict is 125% or more of the offer, the plaintiff can recover litigation costs. This statute creates powerful strategic leverage during settlement negotiations—another reason to have experienced counsel.