What this calculator does

Run this scenario in DocketMath using the Offer Of Judgment Analyzer calculator.

DocketMath’s Offer of Judgment Analyzer (Florida) helps you estimate the potential cost-shifting effects of an offer of judgment in a Florida civil case governed by Florida Statutes § 768.79.

In practice, the statute’s impact depends on a comparison between:

• the offer amount made by the offeror (plaintiff or defendant), and
• the ultimate “judgment” amount the case results in.

If the case outcome falls on the statute’s “winner” side of the comparison, § 768.79 can require additional attorney’s fees and costs and may also trigger interest on the offer amount for a defined period. This tool is built to quantify those moving parts so you can run “what-if” scenarios with clear inputs.

Key statute foundation (Florida § 768.79)

Florida Statutes § 768.79 provides that in a civil action for damages, any party may make an offer of judgment. The effect depends on whether the eventual judgment is more favorable to the offeror than the offer would allow under the statutory comparison.

Source: https://www.flsenate.gov/Laws/Statutes/2022/768.79

Statute excerpt (summary basis): “In any civil action for damages, any party may make an offer of judgment…” (see source link above).

When to use it

Use DocketMath’s Offer of Judgment Analyzer when you want to estimate the likely financial impact of an offer under § 768.79 before investing heavily in trial preparation.

Consider running the calculator when you have these items

• A pending Florida civil action for damages (not a criminal case).
• A proposed offer amount (or the amount you already received).
• A reasonably expected final judgment range (or a specific number if the case is far enough along that modeling is realistic).
• Fee/cost data you can estimate (even if only ranges).

Timing guidance (and clear “default” rule limitation)

Florida’s offer-of-judgment timing is tied to the “before trial” concept used in § 768.79 practice. For the purposes of this guide, we apply a general/default period because no claim-type-specific sub-rule was found in the provided jurisdiction data.

Default approach used in this guide: treat the timing as governed by the general “before trial” period under § 768.79, rather than a claim-type-specific schedule.

Where the calculator helps most

• Early case strategy: decide what offer level might shift fees.
• Late case strategy: evaluate whether going to trial is worth the cost risk.
• Settlement negotiation: create objective boundaries using numbers (not guesses).

Primary CTA

Use the tool here: /tools/offer-of-judgment-analyzer

Step-by-step example

Below is a practical walkthrough you can mirror in DocketMath. We’ll use a plaintiff-offer example to show how changing inputs can affect the modeled result.

Example: Plaintiff offer scenario (fee shifting modeled)

Assume a Florida case:

• You are analyzing an offer you made as the plaintiff.
• Offer amount: $50,000
• Estimated/actual final judgment: $42,000
• Your attorney’s fees (for estimation): $18,000
• Your taxable costs (for estimation): $3,500
• Interest inputs: only if the calculator includes a place for offer/judgment dates (you’d provide the relevant dates if prompted)

Step 1: Enter the “Offer amount”

Set:

• Offer of judgment = $50,000

Step 2: Enter the “Final judgment”

Set:

• Final judgment = $42,000

Why this matters: the statute effect is driven by how the judgment compares to the offer. If you type the wrong “final judgment” number (for example, a verdict number that later changes), the result can swing.

Step 3: Tell the tool what offer posture you’re modeling (plaintiff vs defendant)

The statutory effect can differ based on whether the offeror is the plaintiff or defendant, because “winner-side” status depends on who made the offer and what counts as a favorable comparison.

For this example (plaintiff offer):

• you expect the statutory comparison to treat the plaintiff offer favorably only when the judgment is sufficiently favorable under the comparison logic the tool implements.

Since $42,000 is less than $50,000, the modeled result is likely to show that statutory fee shifting may not apply on a “plaintiff-prevailed” basis (depending on the exact statutory comparison thresholds used by the calculator).

Step 4: Provide fee and cost inputs

Enter:

• Attorney’s fees = $18,000
• Costs = $3,500

This allows the calculator to estimate the possible fee/cost shifting components. If you only have estimates, use reasonable ranges and run multiple passes.

Step 5: Review the calculator outputs

You’ll typically see:

• a comparison outcome (offer vs judgment),
• an estimated fee/cost shift result, and
• possibly an interest component (if your calculator version includes it).

How to interpret the outputs (what to look for)

• If the judgment is not favorable to the offeror under the comparison: the tool may show lower or no modeled fee/cost shifting.
• If the judgment is favorable: the tool may show a potentially larger fee/cost shifting exposure or recovery.

Common pitfall to avoid

Make sure “final judgment amount” reflects the number that is actually controlling for comparison—cases often have multiple numbers (jury verdict, amended judgment, setoffs, partial judgments). Using the wrong one can materially change the estimate.

Quick numerical summary (same example)

Common scenarios

Offer-of-judgment analysis comes up in predictable situations. Here are scenario templates and how to use the calculator for each.

Scenario 1: Defendant makes an offer; plaintiff’s recovery is lower

Common posture:

• Defendant offers an amount.
• Plaintiff proceeds to trial (or otherwise resolves).
• The case ends with a judgment that may be below the offer.

How to use the calculator:

• Select defendant-offer analysis mode.
• Enter:

  • Offer amount (defendant’s number)
  • Final judgment (plaintiff’s recovery figure as entered)
  • Your modeled fees/costs

Scenario 2: Plaintiff makes an offer; judgment ends up higher than the offer

Often the most favorable direction for the offeror.

How the calculator responds:

• The offer-vs-judgment comparison typically flips from “unfavorable” to “favorable.”
• Estimated fee/cost shifting can increase significantly relative to the unfavorable scenario.

Scenario 3: Partial resolution vs overall case value

Some cases resolve certain claims early, while others continue. Courts may later amend or supersede figures.

Calculator use:

• Use the judgment figure you expect to be the final statutory judgment for comparison.
• If you’re unsure which number controls, run multiple passes with plausible judgment inputs to bracket outcomes.

Scenario 4: Multiple offers and amended outcomes

Parties sometimes revise strategy and make new offers after earlier offers.

Calculator use:

• Run the calculator separately for each offer you want to evaluate.
• Compare outputs to see which offer amount is more likely to produce the stronger modeled statutory effect.

Scenario 5: Fees/costs uncertainty (ranges)

You may not know final totals until after the case ends.

Calculator use:

• Use ranges (example: fees $10,000–$25,000; costs $1,000–$5,000).
• Run:

  • a low estimate pass and a high estimate pass
• Compare the difference to understand sensitivity to fee/cost assumptions.

Tips for accuracy

These practical checks reduce the most common input mistakes and improve how trustworthy the tool’s output feels.

Use a judgment figure you can justify

Before entering “final judgment,” confirm you have the number that most closely matches:

• the judgment entered by the court, and
• the damage figure the tool expects for comparison.

Checklist:

Match the offer type (plaintiff vs defendant)

A major driver of outcomes is whether you’re analyzing:

• an offer made by the plaintiff, or
• an offer made by the defendant.

Checklist:

Model interest inputs only if you have dates

If your DocketMath calculator includes an interest component, it may request dates tied to:

• the offer date and/or
• the judgment date.

Only enter date values if you know them well enough to be confident. If not, run the calculator as-is (without interest inputs if optional) or run alternative scenarios using conservative assumptions.

Don’t overread the estimate

This tool is a quantitative

Related reading

• Offer of Judgment Analyzer Guide for Alabama
• Offer of Judgment Analyzer Guide for Arizona
• Offer of Judgment Analyzer Guide for Colorado