Early Offer of Settlement: H.B. 4 (2003)
Provided that provisions may only be initiated by defendant, but
Provided that provisions may only be initiated by defendant, but once initiated, plaintiff may invoke them as well. Provided that if a defendant makes an offer that is rejected, and the plaintiff does not obtain a judgment for at least 80% of the amount, the plaintiff must pay attorney fees and costs incurred after rejection. Provided that if a plaintiff makes an offer that is rejected, and the judgment exceeds 120% of the amount, the defendant must pay attorney fees and costs incurred after rejection. Provided that the amount of fees and costs shifted cannot exceed the sum of noneconomic damages, punitive damages, and 50% of economic damages.
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