Fix Your 9-11-68 Offers of Settlement

Download Our Dodd v. West Complaint Template For Free

Here’s what happened:

• Plaintiff offered to settle for $20,000
• Defendant rejected the offer
• Jury awarded $25,130 (exceeding the 125% threshold)
• Plaintiff sought $204,845 in attorney fees
• Court denied all fees due to defective 9-11-68 offer of settlement

The problem? The plaintiff's settlement offer simply stated: “This Offer includes Attorney's fees and other expenses." The sentence stopped there. There was no additional language connecting fees to the underlying legal claim.

Why You Should Be Concerned About An Unreported or Unpublished Opinion

Even though Dodd v. West is unpublished and thus carries no precedential weight, it shows how courts might interpret this requirement going forward. Defense attorneys now have a roadmap to challenge O.C.G.A. §9-11-68 offers on technical compliance grounds.

Why Most 9-11-68 Templates Are Deficient

The Dodd v. West court ruled that settlement offers must satisfy O.C.G.A. §9-11-68(a)(7), which requires offers to state whether attorney fees are part of both "the proposal" AND "the legal claim."

Most existing templates only include one statement. That's no longer enough.

The court was crystal clear: Both statements are required because they're "connected by the conjunction 'and,' so that it is beyond peradventure that both statements are required."

What Makes Our Template Dodd-Compliant:

• Addresses each statutory prong
• Includes both required OCGA §9-11-68(a)(7) statements
• Eliminates the fatal flaw from Dodd v. West
• Protects your attorney fee recovery rights

Legal analysis from Mercer Law Review confirms these compliance requirements are strictly enforced.

Download Our Post-Dodd v. West Complaint Template Today

Our updated template fixes the exact problem that cost the lawyer in Dodd v. West over $230,000 in fees and expenses. Any case worth sending an offer of settlement will benefit from following our strategic approach. 

Get instant access today and start fighting against Dodd v. West.

Preview:

IN THE STATE COURT OF HALL COUNTY

STATE OF GEORGIA

PLAINTIFF’S OFFER OF SETTLEMENT PURSUANT TO O.C.G.A. §9-11-68

TO:       [Defendant’s Counsel] obo Defendant, Robert Smith

            [Defendant’s Counsel’s Address]

            PLEASE TAKE NOTICE that Plaintiff John Doe (“Plaintiff”), by and through undersigned counsel, hereby serves this written Offer of Settlement (this “Offer”) pursuant to O.C.G.A. §9-11-68.

This Offer:

(a)   is made pursuant to O.C.G.A. §9-11-68 and is intended to comply with all requirements of     O.C.G.A. §9-11-68(a);

(b)   is served as required by O.C.G.A. §9-11-68(a)(8) and O.C.G.A. §9-11-5;

(c)   is served in this civil action and SHALL NOT be filed with the Court.

This Offer is made more than thirty (30) days after service of the summons and complaint and not less than thirty (30) days before trial.

For the total sum stated below, Plaintiff offers to resolve all claims asserted, or that could have been asserted in this action, by Plaintiff against Defendant, arising out of the incident described below, upon the following terms and conditions:

Looking For More Resources Like Our Dodd-Compliant Offer of Settlement Template?

Georgia Trial Attorneys has built an extensive collection of free resources specifically addressing Georgia’s evolving settlement practice. We focus on protecting your attorney fee recovery rights under O.C.G.A. §9-11-68 and countering new defense tactics.

Our comprehensive library goes beyond basic settlement offer templates. You’ll find detailed guides for diving into discovery, fighting defense tactics, handling new tort reform challenges, and maximizing client outcomes. Every resource comes from actual Georgia courtroom victories and hard-won fee recovery battles.

Connect With Our Personal Injury Trial Experts

Every case presents unique strategic challenges. Whether you're facing Dodd-style challenges to your fee recovery, complex OCGA § 9-11-68 issues, or new defense tactics around settlement offers, our experienced team helps fellow attorneys protect their clients and their fees.

 We’ve successfully handled thousands of personal injury cases throughout Georgia. Our templates and tactics adapt to new challenges like the Dodd decision and Georgia's 2025 tort reform legislation.

 Let’s work together! Schedule a free strategy session with our team. We’ll discuss your case challenges and identify winning opportunities. Our experienced litigators help you develop stronger cases and better outcomes.

 When we unite, you and your clients win! Join us in protecting fee recovery rights and raising the bar for effective settlement practice in Georgia's changing legal landscape.