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Georgia Attorney Fees for Bad Faith: O.C.G.A. § 13-6-11

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  • Georgia Attorney Fees for Bad Faith: O.C.G.A. § 13-6-11

In Georgia, each side usually pays its own lawyer, even if you win. O.C.G.A. § 13-6-11 is an exception. It lets the jury add your attorney fees and litigation costs to your damages if the defendant acted in bad faith, was “stubbornly litigious,” or put you through needless trouble and expense. You must ask for these fees in your complaint.

What the Law Says

O.C.G.A. § 13-6-11, Recovery of expenses of litigation generally, states:

The expenses of litigation generally shall not be allowed as a part of the damages; but where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.

You can read the full statute on the Georgia General Assembly’s official code site.

In Plain English

The general rule in Georgia is called the “American Rule.” Each party pays its own lawyer. Winning your case does not mean the loser pays your legal bills. This statute is one of the few ways around that rule in an injury case.

The statute lists three grounds. The first is “bad faith.” Georgia courts have held that this means bad faith in the conduct that caused your injury or in the dealings between you and the defendant. It does not mean bad faith in how the defendant fought the lawsuit. For example, a driver who was simply careless has not acted in bad faith. But courts have found bad faith where a defendant acted with a dishonest purpose or a conscious wrong, such as fleeing the scene of a crash or intentionally hurting someone.

The second and third grounds are being “stubbornly litigious” and causing “unnecessary trouble and expense.” These two often go together. They apply when the defendant forces you to sue and fight over something that is not truly in dispute. Georgia courts have held that these grounds do not apply when there is a “bona fide controversy,” which means an honest dispute about who is at fault or how much is owed. If the defendant had a real reason to contest your case, you cannot recover fees on these grounds. Most injury cases involve some real dispute, so these grounds are hard to prove.

Two procedural rules matter. First, the statute says you must have “specially pleaded” and “made prayer” for these fees. In plain terms, your complaint must state the claim for fees and ask for them. If your lawyer leaves this out, the jury cannot award fees under this statute. Second, the statute only helps a plaintiff. A defendant cannot use it to recover fees from you, though a defendant with a counterclaim may be treated as a plaintiff on that claim.

The award is made by the jury, not the judge. The jury decides whether the defendant’s conduct meets one of the three tests. The jury then decides the amount. You must present evidence of what your fees and costs actually were and that they were reasonable. Georgia courts also generally require you to win at least some damages on your main claim before fees can be added.

Do not confuse this statute with other fee rules. O.C.G.A. § 9-11-68 lets either side recover fees when a written settlement offer is rejected and the verdict misses the offer by 25 percent or more. Insurance bad faith is a separate matter under O.C.G.A. § 33-4-6 and § 33-4-7. Those laws punish an insurer for unfair claim handling. This statute is about the defendant’s own conduct.

Example

Tanya is walking her dog in Athens on August 8, 2025. A driver named Rick runs a stop sign and hits her. Rick drives away without stopping. Police find him later using a witness’s video. Tanya has a broken leg, $27,000 in medical bills, and $6,000 in lost wages.

Tanya’s lawyer files a complaint against Rick for negligence. The complaint includes a separate count asking for attorney fees under O.C.G.A. § 13-6-11. It states that Rick acted in bad faith by leaving the scene of the crash. At trial, the jury awards Tanya $120,000 in damages. Tanya’s lawyer then presents evidence of a one-third contingency fee and $8,500 in costs. The jury finds that Rick acted in bad faith and awards $48,500 in fees and costs on top of the damages.

Now change the facts. Suppose Rick stopped, gave his insurance information, and simply argued that Tanya stepped into the road without looking. There is a real dispute about fault. Even if the jury sides with Tanya, it likely could not award fees under this statute.

Key Points to Remember

  • Georgia follows the American Rule, so each side normally pays its own lawyer.
  • O.C.G.A. § 13-6-11 lets a jury add your attorney fees and costs to your damages in three situations.
  • Bad faith means bad faith in the conduct that caused your injury, not in how the defendant defended the case.
  • Stubborn litigiousness and unnecessary trouble do not apply when there is an honest dispute over fault or damages.
  • Your complaint must specifically ask for these fees, or the jury cannot award them.
  • The jury decides both whether fees are owed and how much.
  • This is different from the offer of settlement rule and from insurance bad faith laws.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.