When is a Georgia Personal Injury Plaintiff Liable for a Defendant’s Attorney Fees?

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The normal rule in Georgia personal injury lawsuits is that each party is responsible for its own attorney’s fees and costs. Of course, the Georgia legislature may alter this rule. One such exception is contained in a 2005 “tort reform” law that allows a defendant to recover attorney fees from a plaintiff under certain circumstances.

Richardson v. Locklyn

Specifically, if a defendant offers to settle a personal injury claim, the plaintiff rejects the offer, and the jury later returns a damage award that is “less than 75%” of the offer, the defendant is entitled to collect attorney fees. The judge may decline an award, however, if the defendant’s original offer “was not made in good faith.”

The question of what constitutes a “good faith” offer and the procedure a judge must use for making that determination was the subject of a recent Georgia Court of Appeals case. The original lawsuit involved a car accident. The plaintiff sued the defendant for damages related to her “medical bills, lost wages, and pain and suffering.”

During pretrial proceedings, the plaintiff presented her medical bills from the accident, which at the time were approximately $19,000. The defendant offered a settlement for $12,500. The plaintiff rejected the offer and the case proceeded to trial.

The jury returned a verdict for the plaintiff and awarded approximately $7,000 in damages. This reflected the plaintiff’s medical bills from the day of the accident but not other care she received afterwards. Since $7,000 was “less than 75%” of $12,500, the defendant asked the court to award her attorney fees and costs.

The plaintiff maintained the settlement offer was “not made in good faith” because, at the time it was made, the plaintiff had claimed $19,000 in medical expenses. The plaintiff also noted the defendant had conceded liability for the accident prior to trial. The judge agreed with the plaintiff and denied the defendant’s petition.

But the Court of Appeals, by a 5-4 vote, held the judge should have held an evidentiary hearing before making a final ruling on the question of attorney fees. There was no question that the settlement offer fell below the 75% threshold. So the only issue was whether the offer was made in “good faith.”

The appeals court noted that Georgia’s settlement rule was modeled on a similar law in Florida, and the courts in that state have held the burden is on the offeree–the plaintiff in this case–to prove the other side’s offer was not made in good faith. At least one Florida appeals court has said a trial court must hold a hearing before deciding whether to award or deny attorney fees. The Georgia Court of Appeals said the same rule now applies in this state.

Four judges dissented. The dissent noted the plaintiff here never requested a hearing and “the record did not demand a factual finding by the trial court” that the defendant acted in good faith. More to the point, the dissent said the 2005 tort reform law simply does not require any sort of hearing.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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