§12-940.

§12-940.
   
   A. In any civil action to recover damages for the negligent or willful
   injury to property and any other incidental costs related to such
   action, the prevailing party shall be allowed reasonable attorney's
   fees, court costs and interest to be set by the court and to be taxed
   and collected as other costs of the action.
   
   B. Provided that, the defendant in such action may, not less than ten
   (10) days after being served with summons, serve upon the plaintiff or
   his attorney a written offer to allow judgment to be taken against
   him. If the plaintiff accepts the offer and gives notice thereof to
   the defendant or his attorney, within five (5) days after the offer
   was served, the offer, and an affidavit that the notice of acceptance
   was delivered within the time limited, may be filed by the plaintiff,
   or the defendant, verified by affidavit. The offer and acceptance
   shall be noted in the journal, and judgment shall be rendered
   accordingly. If the notice of acceptance is not given in the period
   limited, the offer shall be deemed withdrawn, and shall not be given
   in evidence or mentioned at the trial. If upon the action being
   adjudicated the judgment rendered is for the defendant or for the
   plaintiff and is for a lesser amount than the defendant's offer, then
   the plaintiff shall not be entitled to recover attorney's fees, court
   costs and interest. If the judgment rendered is for the plaintiff, and
   is for the same amount as the defendant's offer, then the plaintiff
   and defendant shall incur their own attorney's fees, court costs and
   interest. And if the judgment rendered is for the plaintiff, and is
   for a larger amount than the defendant's offer, then the plaintiff
   shall be entitled to recover attorney's fees, court costs and
   interest.