Lawsuits in Georgia often bring stress and cost. Many people want to settle early. Few know one rule can shift the outcome. That rule is OCGA Section 9-11-68. It controls how settlement offers work. It also allows courts to shift legal fees after trial.
This law helps courts stop delay. It makes both sides think before they reject a fair deal. A wrong move may lead to extra costs. This rule sounds simple but includes steps that you must follow. One mistake may cost you money.
This guide shows how OCGA 9-11-68 works. It explains the rule in plain words. You will learn how to use it, how to avoid errors, and how it may affect your case.
What Is OCGA 9-11-68?
OCGA means the Official Code of Georgia Annotated. Section 9-11-68 is part of the civil procedure rules used in Georgia courts. This rule applies only in tort cases. A tort claim involves harm to a person, property, or legal rights. It may include personal injury, wrongful death, or slander.
This section allows either the plaintiff or the defendant to send a written offer to settle the case. If the other side rejects the offer and does worse at trial, the court may order them to pay the legal fees of the party who made the offer. This law brings financial risk. It also gives a strong reason to avoid trial through early settlement.
The goal of this rule is to push both sides to act wisely. It aims to cut down long trials and reduce costs. Courts use it to reward fair offers and to punish delay or bad choices.
Who Can Use This Rule?
The person who sues or the one sued can use this law. It gives equal power to both sides in a tort case. A tort means harm caused to a person, property, or reputation. Common examples include injury claims, defamation, or wrongful death.
This rule does not apply in every legal dispute. It only fits tort cases under Georgia law. Business contract cases, landlord disputes, or debt collections do not qualify. If the claim is not a tort, OCGA 9-11-68 does not apply.
Each party must follow the rule exactly as written. The court will not excuse mistakes. A missed deadline or improper delivery may void the offer. Only valid offers trigger the cost-shifting parts of the law. Before using this rule, both parties must understand every step. Even one small error can cause big loss.
When Can You Make an Offer?
You may send the offer 30 days after the other side gets served with the complaint. The law blocks early offers. If you send it before the 30-day mark, it does not count under OCGA 9-11-68. You must also serve the offer no later than 30 days before the scheduled trial date.
This rule gives both sides enough time to understand the case before making a settlement move. The law wants each offer to be informed, not rushed. Timing matters just as much as the content.
Once served, the offer stays open for 30 days. The other side has this full period to respond. If they accept, the case ends. If they reject or stay silent, the law treats it as a refusal. That refusal may later lead to legal costs if they lose badly at trial.
Do not guess the timing. Check your dates and track the calendar. A well-timed offer can protect you. A rushed one can go to waste.
What Must the Offer Include?
The offer must be in writing. That means it must be typed or printed-not spoken, texted, or casually emailed. It must also clearly state that it is made under OCGA 9-11-68. If that phrase is missing, the court may ignore the offer.
The offer must name all the parties involved. That includes both the person making the offer and the one receiving it. Leaving out any name may void the offer. The document must also list the full amount of money offered to settle the case. The number must be exact—no ranges or unclear terms.
If the offer includes attorney fees, you must say so directly. A vague statement may cause confusion later. If the offer says nothing about fees, courts may rule that fees are not part of the deal. This can lead to costly disputes.
A strong offer uses clear words. It leaves no room for doubt. Every detail matters, and each one should follow what the law expects.
How to Serve the Offer
You must serve the offer using one of two legal methods:
- Certified mail
- Statutory overnight delivery (like FedEx or UPS)
These are the only service options allowed under OCGA 9-11-68. Email, regular mail, or fax do not meet the rule. If you use the wrong method, the court will not accept the offer-even if the rest of it follows the law.
You must also keep proof that you served it the right way. That means saving delivery receipts, tracking numbers, or signed confirmations. If the other party later says they never got it, your proof will protect you.
Do not cut corners. Serving the offer the wrong way ruins your chance to enforce it. Follow the rule exactly as written.
If the claim changes or expands, that may affect your next offer. You may wonder, can you “increase” a lawsuit claim? Georgia law sets limits, but also allows some adjustments.
What Happens After a Rejection?
If the other side rejects the offer or does not reply in time, the case moves forward to trial. After the trial ends, the court checks how the result compares to the offer.
This is the key test:
- If a plaintiff made the offer and wins 125% or more of that amount, the defendant must pay the plaintiff’s attorney fees.
- If a defendant made the offer and the plaintiff wins less than 75% of it, the plaintiff must pay the defendant’s fees.
The judge decides how much the losing side must pay. The court uses the proof and records provided. The amount must be fair and based on real costs.
This rule rewards those who make fair offers. It punishes those who ignore a good deal and then lose badly. The goal is to reduce trial time and lower costs for the courts and both sides.
Each offer must come in good faith. That means it must be honest and fair. If the court finds the offer was fake or used as a trick, it may reject the fee claim.
Courts do not reward low offers meant to trap someone. A judge may deny fees if bad faith appears.
What Are Reasonable Fees and Expenses?
Reasonable means fair, not too high. Courts check hours worked, tasks done, and hourly rates. If the fee looks unfair, it may be cut.
Expenses include court costs, expert fees, travel, and filings. The party who wants fees must show proof.
Mistakes That Make Offers Invalid
Many people lose legal protection under OCGA 9-11-68 because of small but serious mistakes. This rule has clear steps. If you skip even one, your offer may not count. Courts do not fix your errors. They follow the law as written.
1. Sending the Offer at the Wrong Time
You must wait at least 30 days after the complaint is served before you send the offer. If you send it too early, the offer is not valid. You also cannot send it within 30 days of the trial date. Timing is key. Mark your calendar and double-check dates before you act.
2. Using Email Instead of Legal Delivery
The law only allows two delivery methods: certified mail or statutory overnight delivery. If you send the offer through email, regular mail, or fax, it does not count. Courts will throw it out-even if the other side got it. You must follow the rule exactly.
3. Leaving Out Required Information
Your offer must name all parties involved. It must include the full amount offered to settle the case. If you leave out a party’s name or use vague language, the court may reject the offer. The wording must be clear, complete, and direct.
4. Not Saying If Attorney Fees Are Included
If you want the offer to cover attorney fees, you must say so in the document. If you stay silent, the court may assume fees are not part of the deal. That can lead to confusion or a lost chance to collect costs later.
What If Both Sides Use the Rule?
Both sides may send offers. The court checks each one. If both pass the test, the judge may split the fees or adjust amounts.
This can become complex. Clear and fair offers help avoid confusion.
Sample Case Examples
One case involved a $100,000 offer. The plaintiff won $150,000 at trial. That’s 150%. The judge made the defendant pay fees.
In another case, a defendant offered $80,000. The plaintiff won $50,000. That is less than 75%. The court ordered the plaintiff to pay fees.
These results show the cost of saying no to a fair offer.
Can You Withdraw or Repeat an Offer?
Once you send an offer under OCGA 9-11-68, you cannot take it back or change it. The offer stands for 30 days. During this time, the other side can accept it. If they ignore it or reject it, you cannot go back and fix or adjust that offer.
But you are not stuck. You can send another offer if the first one is not accepted. There is no limit on how many times you can make a new offer during a case—as long as each one follows the law.
Keep in mind that the court only looks at the most recent valid offer when it decides whether to award legal fees. This means your last offer must follow all the rules, include every required detail, and be served the right way. A flawed offer, even if it came later, can block your chance to recover costs-even if an earlier offer was valid.
Always take care with each new offer. Treat every one as if it will be the one the judge sees at the end of the case.
When Should You Use This Rule?
Use OCGA 9-11-68 when your offer is fair and you believe the other side is dragging the case out. This rule adds pressure. It tells the other party, “If you say no and lose big, you may owe me more.”
If your case is strong, and you think you can win much more at trial, this law can help protect you. It may also help when legal fees are growing fast, and you want to settle before trial costs get worse.
But if your case is weak or unclear, be careful. If the judge finds your offer was not fair-or if you lose badly-you may have to pay the other side’s costs. That can turn a small case into a large expense.
Think of this rule as a tool. It works best when used with good timing, smart judgment, and a strong reason behind the numbers you offer.
Keep Good Records
The court may ask you to prove everything about your offer. That means you must save:
- A full copy of the offer letter
- Proof of how you served it (like a delivery receipt or tracking number)
- Any responses you got
- Related emails or letters
Without this proof, the court may say your offer did not follow the law—even if you believe it did. Do not trust memory. Courts trust documents.
Keep all records in one file. Label each one clearly. If you ever need to show what you did, your file will speak for you.
Do You Need a Lawyer?
Yes. OCGA 9-11-68 looks simple, but it has strict rules. Many people lose their chance to shift fees because of small mistakes. Lawyers understand how to prepare a valid offer. They know the timing, language, and delivery rules.
A lawyer can also tell you if using this rule makes sense in your case. Some cases benefit from it. Others do not. Making the wrong choice can backfire.
Paying a lawyer now may save you from losing far more later. This is one of those times where expert help matters.
Conclusion
OCGA 9-11-68 is more than just a rule. It is a tool that gives both sides in a tort case real power. It rewards fairness and punishes delay. If you use it the right way, it can lead to faster results and lower costs. Many lawsuits drag on because people avoid settlement. This law helps stop that.
But the rule is strict. You must follow every part of it. You must send the offer at the right time, write it clearly, serve it the right way, and keep all your records. Even one missed step can make your offer useless in court.
When used with care, this law can protect you from paying high legal fees. It can also help you recover costs if the other side refuses a good offer and loses badly at trial. On the other hand, ignoring a fair offer can lead to serious penalties. The court will not protect you from your own mistakes.
The smart path is simple: follow the law, document everything, and ask a lawyer if you are unsure. One offer, done the right way, can shift the outcome of your entire case.
Before you reject a fair offer or push your case to trial, make sure you understand the truth about personal injury settlements. A small detail can change the outcome in ways most people never expect.
Disclaimer: This article is for general information only. It does not give legal advice or create an attorney-client relationship. Always consult a licensed lawyer for help with your case.