An Offer of Compromise under Connecticut General Statutes § 52-192a is a formal, written settlement offer that a plaintiff files with the court. If the defendant does not accept the offer and the plaintiff later recovers an amount equal to or greater than the offered sum after trial, the court must add 8% annual interest to the amount recovered.
At DeFronzo & Petroskey, P.C., Waterbury personal injury attorney Dan Petroskey evaluates when an Offer of Compromise may strengthen settlement negotiations and increase a qualifying judgment through statutory interest. Attorney Petroskey helps clients determine whether filing an Offer of Compromise is an effective strategy based on the facts of their case, the timing of the lawsuit, and the potential value of their claim.
This guide explains what § 52-192a requires, how the 8% interest is calculated, the deadlines for a plaintiff’s offer, how defendant offers differ, and how an Offer of Compromise may increase a qualifying recovery.
If you have been injured because of someone else’s negligence, call DeFronzo & Petroskey, P.C. at (203) 756-7408 to schedule a free consultation.
What Is an Offer of Compromise Under Connecticut Law?
Under Connecticut General Statutes § 52-192a, a plaintiff files a signed settlement offer stating the amount they are willing to accept to resolve the case.
Unlike informal settlement discussions, an Offer of Compromise carries legal consequences. A phone call or email between attorneys does not trigger the protections of § 52-192a, but a properly filed offer becomes part of the court record. If the defendant does not accept the offer and the plaintiff later recovers an amount equal to or greater than the offered sum after trial, the court must add 8% annual interest to the amount recovered.
Waterbury personal injury attorney Dan Petroskey can explain your options and determine whether this strategy fits your claim. Call DeFronzo & Petroskey, P.C. at (203) 756-7408 to schedule a free consultation.
Who Can File an Offer of Compromise in a CT Injury Case?
A plaintiff may file an Offer of Compromise under Connecticut General Statutes § 52-192a. The offer must be in writing, signed by the plaintiff or the plaintiff’s attorney, directed to the defendant or the defendant’s attorney, and state a specific settlement amount.
Defendants have a similar procedure under Connecticut General Statutes § 52-193. A defendant may file an Offer of Compromise stating the amount they are willing to pay to resolve the case. If the plaintiff declines the offer and does not recover more than the offered amount, including applicable interest from the offer date, the plaintiff cannot recover costs incurred after receiving notice of the offer and must pay the defendant’s post-notice costs. The costs can include reasonable attorney’s fees of up to $350.
These procedures apply to civil actions seeking money damages, including many personal injury cases. Whether an Offer of Compromise is available depends on the type of claim, the filing deadlines, and the procedural stage of the lawsuit.
When Must an Offer of Compromise Be Filed in Connecticut?
Strict filing deadlines determine when an Offer of Compromise can be submitted and how long the other party has to respond. Missing these deadlines can affect statutory interest, litigation costs, and the strategic value of the offer.
What Are the Key Deadlines for Plaintiffs?
In most civil actions, a plaintiff can file an Offer of Compromise no earlier than 180 days after service of process on the defendant and no later than 30 days before trial. After receiving notice of the filing, the defendant has 30 days to accept the offer.
Different deadlines apply to personal injury and wrongful death claims alleging negligence by a health care provider. In those cases, the plaintiff must wait 365 days after service of process before filing, and the defendant has 60 days to accept.
Timing also affects how interest is calculated. When the offer is filed within 18 months after the complaint, interest is calculated from the complaint date if the statutory requirements are met. Offers filed after that period accrue interest from the filing date.
What Are the Key Deadlines for Defendants?
Under Connecticut General Statutes § 52-193, a defendant can file an Offer of Compromise no later than 30 days before trial. Under § 52-194, the plaintiff has 60 days after receiving notice to accept the offer, and the case does not automatically receive a trial continuance while that acceptance period remains open.
A plaintiff’s Offer of Compromise that is not accepted within the applicable acceptance period is considered rejected and cannot be accepted later unless it is refiled. An unaccepted defendant’s offer is treated as withdrawn under § 52-195.
| Requirement | Plaintiff (§ 52-192a) | Defendant (§§ 52-193–52-194) |
|---|---|---|
| Earliest Filing | 180 days after service of process (365 days for covered medical negligence cases) | No statutory waiting period |
| Latest Filing | At least 30 days before trial | At least 30 days before trial |
| Acceptance Period | Defendant has 30 days (60 days in covered medical negligence cases) | Plaintiff has 60 days |
| If Not Accepted | Offer is rejected and must be refiled if renewed | Offer is treated as withdrawn |
Personal Injury Attorney in Waterbury – DeFronzo & Petroskey, P.C.
Dan Petroskey, Esq.
Dan Petroskey has represented injured plaintiffs throughout Connecticut since his admission to the Connecticut Bar in 2004. As the owner of DeFronzo & Petroskey, P.C., he handles car accident, slip and fall, premises liability, dog bite, and other personal injury cases, helping clients pursue compensation for injuries caused by another party’s negligence. Dan has been recognized by Best Lawyers and Super Lawyers and currently serves as President of the Waterbury Bar Association.
Before becoming the firm’s owner, Dan served as an associate attorney and later became Eugene L. DeFronzo’s first and only law partner, continuing a firm legacy spanning more than 60 years. He earned his bachelor’s degree from Colby College and his Juris Doctor from Albany Law School, and he is admitted to practice in both Connecticut and New York.
How Is the 8% Interest Penalty Calculated?
The amount of interest added under Connecticut General Statutes § 52-192a depends on both the amount recovered and when the Offer of Compromise was filed. Filing at the right time can significantly increase the total judgment if the statutory requirements are satisfied.
If a plaintiff’s valid Offer of Compromise is not accepted and the amount recovered after trial equals or exceeds the offered sum, the court must add 8% annual interest to the amount recovered.
The filing date determines when interest begins to accrue. If the offer is filed within 18 months after the complaint, interest is calculated from the complaint date. If it is filed more than 18 months after the complaint, interest is calculated from the date the offer was filed.
For example, assume a plaintiff files a $120,000 Offer of Compromise after the required 180-day waiting period but within 18 months after filing the complaint. The defendant declines the offer, and the plaintiff later obtains a $200,000 judgment exactly two years after the complaint was filed. At 8% simple annual interest, the court would add approximately $32,000 to the judgment, assuming no other statutory adjustments apply.
What Happens If the Other Side Rejects the Offer?
Rejecting an Offer of Compromise can have significant financial consequences for either party. The outcome depends on who filed the offer and how the case is ultimately resolved.
When a defendant does not accept a plaintiff’s valid Offer of Compromise and the plaintiff recovers an amount equal to or greater than the offered sum after trial, the court must add 8% annual interest to the amount recovered. That additional interest can substantially increase the total judgment, giving defendants a strong incentive to evaluate reasonable settlement offers carefully before proceeding to trial.
A defendant can also file an Offer of Compromise under Connecticut General Statutes § 52-193. If the plaintiff rejects the offer and does not recover more than the offered amount, including applicable interest from the offer date, the plaintiff cannot recover post-offer costs and must pay the defendant’s post-offer costs as provided by § 52-195.
Are There Exceptions or Limits to Offers of Compromise in Connecticut?
Not every civil case qualifies for an Offer of Compromise, and strict statutory requirements determine when interest can be awarded.
- Eligible cases: Section 52-192a applies to civil actions based on contract or seeking money damages, including many personal injury lawsuits. Claims seeking non-monetary relief fall outside the statute.
- Valid filing requirements: The offer must be in writing, signed by the plaintiff or the plaintiff’s attorney, directed to the defendant or the defendant’s attorney, filed with the court clerk, and state a specific settlement amount. An offer that does not satisfy these requirements will not support an award of statutory interest.
- Recovery must equal or exceed the offer: The court awards interest only when the plaintiff recovers an amount equal to or greater than the offered sum after trial.
- Interest timing: The filing date determines whether interest runs from the complaint date or from the date the offer was filed.
- Medical negligence claims follow different deadlines: In those cases, the plaintiff must wait 365 days after service of process before filing an Offer of Compromise, and the defendant has 60 days to accept.
- Expired offers must be refiled: Once an Offer of Compromise is rejected or expires, it cannot be accepted later unless it is refiled.
Whether an Offer of Compromise is appropriate depends on the facts of the case, the procedural timeline, and the amount of the proposed settlement.
Key Takeaway: Offers of Compromise apply mainly to money-damages cases, must be met or exceeded at judgment to trigger interest, and lose value if filed late. The offer amount should reflect a realistic settlement figure.
Working with a Waterbury Personal Injury Attorney
If you were injured and want to maximize your recovery, the way your claim is filed and negotiated matters as much as the facts of your accident. An Offer of Compromise can create settlement leverage and, if the case proceeds to a qualifying judgment, increase the recovery through statutory interest. Its effectiveness depends on proper timing, a valid filing, and a carefully selected amount.
At DeFronzo & Petroskey, P.C., our team prepares cases for Waterbury Superior Court and the New Haven Judicial District, using every available statute to strengthen your position. Call DeFronzo & Petroskey, P.C. at (203) 756-7408 to schedule a free consultation. Our office at 255 Bank Street in Waterbury serves injured clients throughout Waterbury and New Haven County.
Frequently Asked Questions
What is the purpose of an Offer of Compromise in Connecticut?
It encourages settlement before trial. If a defendant does not accept a plaintiff’s valid offer and the plaintiff later recovers an amount equal to or greater than it, the judgment increases by the statutory 8% annual interest.
Can a defendant make an Offer of Compromise too?
Yes. Under § 52-193, a defendant may file a written offer no later than 30 days before trial. The plaintiff generally has 60 days after receiving notice to accept. If the plaintiff does not accept and later fails to recover more than the statutory comparison amount, the plaintiff may lose post-notice costs and be required to pay the defendant’s post-notice costs under § 52-195.
How much interest can I recover under § 52-192a?
The court adds 8% annual interest on the full amount recovered when your rejected offer is met or exceeded at judgment. Depending on filing timing, interest may run from the date the complaint was filed.
Does the offer have to be in writing?
Yes. Section 52-192a requires a written offer signed by the plaintiff or the plaintiff’s attorney and filed with the clerk of the court. Verbal settlement talks do not trigger the interest provision.
What happens if my case settles before trial?
If the defendant accepts a plaintiff’s offer within the applicable acceptance period, the claim settles for the stated amount after payment and withdrawal of the action. The usual acceptance period is 30 days, but covered medical negligence cases have a 60-day period.
Can the court deny interest even if I win more than my offer?
When a valid offer satisfies the statutory filing, timing, and recovery requirements, the interest award is mandatory. A court may deny interest if the offer was invalid, untimely, did not state a sum certain, or otherwise failed to satisfy § 52-192a.
Does this apply to car accident and slip and fall cases in Waterbury?
Section 52-192a generally applies to civil actions seeking money damages, including many car accident, slip-and-fall, premises liability, and dog bite lawsuits. The specific claims and procedural circumstances determine whether the statute applies.
How do I know if filing an Offer of Compromise is right for my case?
An attorney weighs your liability strength, likely damages, and timing before recommending an offer. A consultation with a Waterbury injury attorney can clarify whether the strategy fits your claim.
from DeFronzo & Petroskey, P.C. https://www.defronzolawfirm.com/what-is-offer-of-compromise-connecticut-52-192a/
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