Think you’ve won your case? The math behind Florida’s Offer of Judgment could flip the script. Many litigants assume that any victory at trial means attorney’s fees shift, but Florida law is far more precise—and unforgiving.
Under Fla. Stat. § 768.79 and Rule 1.442, an Offer of Judgment is a formal settlement proposal. If the plaintiff’s final judgment is at least 25% greater than the defendant’s offer, or the defendant’s judgment is at least 25% less than the plaintiff’s offer, the ‘winning’ party can recover attorney’s fees. But the calculation is strict: the court compares the net judgment (after costs and fees) to the offer amount. Even a one-dollar shortfall means you pay your own fees.
Timing is critical. Offers must be served at least 90 days before trial, and the math is locked at final judgment. Many parties miscalculate, thinking any win triggers fees, but Florida courts demand exact compliance. Our firm sees costly mistakes when litigants ignore the numbers or misunderstand the rules. If you’re facing an Offer of Judgment, know the math, know the deadlines, and strategize accordingly. The right approach can mean the difference between recovering fees or bearing the full cost of litigation.
☎️ Schedule a Legal Consult
📲Call/Text 24/7: 813-254-1777
🌎litigation.blackrocklaw.com
Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
