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.
Good Faith Raises Important Issues in Settlement Offers
October 29, 2013