Provided that a party declining a settlement offer is potentially liable for attorneys’ fees and court costs. S.B. 239 established that a plaintiff who rejects an offer of settlement would be liable for attorneys’ fess and litigation costs if the defendant is found not liable or the final judgment in favor of the plaintiff is 75 percent of the settlement offer. A defendant who rejects a plaintiff’s offer of settlement would be liable for attorneys’ fees and litigation costs if the plaintiff recovers a final judgment which is 125 percent greater than the offer of settlement.
