An offer of settlement can be a powerful litigation tool. Under O.C.G.A. § 9-11-68, if a litigant rejects a written offer to settle tort claims and subsequently obtains a verdict that is less favorable than the settlement offer, the litigant may be required to pay the other party’s attorney fees. The purpose is to encourage settlement by creating an added financial risk.
Before this fee-shifting provision can be enforced, the trial court must determine that the offer of settlement was made in “good faith.” The question of good faith often arises when there is an offer to settle for a nominal amount. Several recent Georgia decisions have held that nominal offers of settlements can trigger the fee-shifting provision.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
