Can an injured plaintiff use Georgia’s offer-of-settlement rule against a defendant?

· 2 min read

Yes. The offer-of-settlement statute runs in both directions, and an injured plaintiff can serve a formal offer that exposes a defendant to fees if the defendant rejects it and then loses by a wide margin. O.C.G.A. § 9-11-68 expressly lets either party make a qualifying offer, so the tool is not reserved for defense use.

The plaintiff’s path to fee recovery

A plaintiff who serves a compliant offer puts the defendant to a choice: accept, or risk paying the plaintiff’s fees if the case goes badly for the defense. The trigger for the plaintiff is a final judgment greater than 125% of the rejected offer. If the plaintiff recovers more than that benchmark, the plaintiff may collect reasonable attorney fees and litigation expenses incurred from the date of the defendant’s rejection through entry of judgment. In effect, the plaintiff who offered a reasonable number and then beat it substantially can make the defendant bear part of the cost of having refused.

Why a plaintiff would use it

This device gives plaintiffs leverage that ordinary settlement talks lack. A well-calibrated offer signals confidence in the case and creates a downside for a defendant who stonewalls. The strategic considerations include:

  • Setting the offer at a number the plaintiff can comfortably exceed at trial.
  • Timing the offer within the statutory window during litigation.
  • Meeting the statute’s formal requirements so the offer counts.

Because the fee exposure only attaches if the plaintiff clears the 125% line, the offer amount is a calculated decision, not a wish list. An offer set too high may never trigger the rule even after a solid verdict.

The shared framework

The same statute governs both sides, so the formalities a plaintiff must satisfy mirror those a defendant must meet: a written offer made under the statute, served within the proper window, stating the required terms, and delivered by the required method. An offer that misses those requirements does not produce fee-shifting no matter how the trial turns out.

The bottom line

An injured plaintiff in Georgia can use the offer-of-settlement statute offensively, recovering post-rejection attorney fees and expenses when a rejected offer is beaten by more than 125% at trial. The rule’s two-way design rewards plaintiffs who make serious, well-timed offers and penalizes defendants who unreasonably refuse them.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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