Calculate 768.79 fee thresholds for Florida attorneys
Calculate attorney's fees eligibility under Florida Statute § 768.79. Determine if your proposal for settlement meets the 25% threshold for fee recovery.
Calculate a proposal amount based on an expected judgment.
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Calculate judgment needed to trigger fees from a proposal amount.
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Already have a judgment? See if a proposal was effective.
Florida Statute § 768.79 allows the party making a proposal for settlement to recover attorney's fees if the final judgment meets certain thresholds:
This calculator helps determine if your proposal meets the statutory threshold for fee recovery.
Florida Statute 768.79 provides a powerful tool for parties in civil litigation to encourage settlement and manage litigation risk. When properly utilized, proposals for settlement can result in the recovery of attorney's fees and costs from the date of service of the proposal, even if the proposing party doesn't ultimately prevail on all claims.
The key to a successful proposal for settlement is the 25% rule. For plaintiffs, the final judgment must be at least 25% more favorable than what they proposed. For defendants, the judgment must be at least 25% more favorable than what they offered. Our calculator instantly determines whether this threshold is met, helping Florida attorneys evaluate their proposals quickly and accurately.
While this calculator determines if the 25% threshold is met under Florida Statute 768.79, a valid proposal for settlement must also comply with the procedural requirements of Florida Rule of Civil Procedure 1.442. Both the statute and the rule must be satisfied for fee recovery.
💡 Practice Tip: Always consult Florida Rule 1.442 and recent case law when drafting proposals. This calculator determines mathematical compliance with the 25% threshold, but procedural compliance with Rule 1.442 is equally critical for fee recovery. Consider using standardized form language that specifically references both the statute and the rule.
1. Proposal Calculator: Plan your strategy by entering an expected judgment amount to determine what proposal amount will trigger fee recovery. Perfect for strategic planning before serving proposals.
2. Judgment Calculator: Already made a proposal? Enter your proposal amount to see what judgment is needed to meet the 25% threshold and recover fees.
3. Post-Judgment Calculator: After verdict or judgment, instantly verify whether your proposal was effective and calculate the exact percentage difference.
When can I recover attorney's fees under 768.79?
You can recover reasonable attorney's fees from the date you served your proposal for settlement through entry of judgment if the final judgment meets or exceeds the 25% threshold. The fees must be reasonable and necessary, and courts will review fee petitions for excessiveness.
Does the 25% threshold apply to both plaintiffs and defendants?
Yes, but in opposite directions. Plaintiffs must obtain a judgment at least 25% higher than their proposal. Defendants must achieve a judgment at least 25% lower than their offer. Our calculator handles both scenarios automatically based on who made the proposal.
What happens if I serve multiple proposals?
Generally, the most recent proposal controls for purposes of fee entitlement under Florida law. Use our calculator to evaluate each proposal separately to determine which provides the best fee recovery opportunity based on expected judgment amounts.
Does this calculator check Rule 1.442 compliance?
This calculator checks whether the 25% threshold under Florida Statute 768.79 is met. However, a valid proposal must also comply with Florida Rule of Civil Procedure 1.442, which governs timing (45 days before trial), form (written and stating it's under Rule 1.442), specificity (amount and whether fees/costs are included), and scope (must resolve all claims). Both the statute and rule requirements must be satisfied for fee recovery.
Can I use this for federal court cases?
This calculator is specifically for Florida Statute 768.79, which applies in Florida state courts. Federal courts have different rules for offers of judgment under Federal Rule of Civil Procedure 68, which does not include attorney's fees provisions except where otherwise provided by law.