The purpose of a proposal for settlement is to facilitate settlement and to avoid the costs associated with unnecessary litigation. Old Dominion Ins. Co. v. Timpton, 269 So. 3d 653, 655 (Fla. 2d DCA 2019). This mechanism allows for a plaintiff to recover his reasonable attorney’s fees and costs if he offers to settle a case, the offer is not accepted, and he ultimately recovers an amount at least 25% greater than what was offered. The same holds true for a defendant who proposes to settle the case. If a defendant makes an offer to resolve the matter, the plaintiff does not accept that offer, and a judgment is entered for at least 25% less than the defendant’s offer, then the defendant is entitled to the recovery of his reasonable attorney’s fees. There are technical requirements that must be met. Some of the requirements include that the offer be in writing, name who is making the offer and to whom the offer is made, state the amount to settle a claim for punitive damages, if any, and state its total amount. Section 768.79, Florida Statutes.

An attorney can guide you through the process.