What is the Offer of Compromise Rule in Connecticut?

Quick answer: Connecticut law allows both plaintiffs and defendants in certain civil cases to make formal Offers of Compromise. Plaintiff offers are primarily governed by Connecticut General Statutes § 52-192a, while defendant offers are addressed in §§ 52-193 through 52-195. If the opposing party rejects the offer and the final judgment is less favorable, they face financial penalties, including added interest or cost obligations.

Settlement negotiations in personal injury cases can be high-stakes, and Connecticut law gives both sides a powerful tool to encourage fair outcomes before trial. The Offer of Compromise rule creates real financial consequences for rejecting a reasonable settlement, making it one of the most strategically important rules in Connecticut civil litigation.

As a personal injury plaintiff, understanding how this rule works and when it applies can significantly affect your case outcome. The personal injury attorneys at Jacobs & Dow, LLC can help.

What Is the Offer of Compromise Rule in Connecticut?

The Offer of Compromise rule is established under Connecticut General Statutes § 52-192a. Its purpose is straightforward: to encourage parties to settle civil disputes without going to trial by attaching financial incentives and penalties to formal settlement offers.

Either party can file a written offer proposing a specific dollar amount to resolve the case. If the receiving party rejects the offer and the final court judgment is less favorable than what was proposed, that party faces measurable financial consequences. This mechanism applies broadly to Connecticut civil litigation, including personal injury cases and Connecticut insurance settlements.

How Does a Plaintiff’s Offer of Compromise Work?

When Can a Plaintiff File an Offer of Compromise?

A plaintiff may file an Offer of Compromise no earlier than 180 days after service of process and no later than 30 days before trial. In personal injury or wrongful death actions alleging negligence by a health care provider, a plaintiff generally must wait at least 365 days after service of process before filing an offer.

Once the offer is filed, the defendant generally has 30 days to accept it. In personal injury or wrongful death actions alleging negligence by a health care provider, the defendant has 60 days to accept the offer.

What Happens If the Defendant Rejects the Offer?

If the defendant rejects the offer and the plaintiff ultimately recovers an amount equal to or greater than the proposed sum, the court generally adds 8% annual interest to the amount recovered. When the Offer of Compromise is filed within 18 months after the complaint was filed, interest generally accrues from the date the complaint was filed. If the offer is filed more than 18 months after the complaint was filed, interest generally accrues from the date the offer was filed.

For plaintiffs, this can create a meaningful financial incentive to make a well-calculated Offer of Compromise during litigation.

How Does a Defendant’s Offer of Compromise Work?

When Can a Defendant File an Offer of Compromise?

Under Connecticut General Statutes §§ 52-193 through 52-195, a defendant may file an Offer of Compromise at any point up to 30 days before the start of trial. The plaintiff then has 60 days to accept the written offer.

What Are the Consequences If the Plaintiff Rejects the Offer?

If the plaintiff rejects the defendant’s offer and recovers less than the proposed amount at trial, the financial consequences are significant. The plaintiff cannot recover any court costs that accrued after receiving the notice. In addition, the plaintiff may be required to pay the defendant’s post-notice costs, which can include up to $350 in reasonable attorney’s fees.

This shifts real financial risk onto a plaintiff who overestimates the value of their case.

Strategic Considerations for Personal Injury Cases in Connecticut

The Offer of Compromise rule changes the calculus of settlement decisions on both sides of a personal injury case. For plaintiffs, filing a well-timed and well-reasoned offer can lock in 8% interest if the defendant refuses a fair settlement and loses at trial. For defendants, a strategically placed offer can cap their exposure and shift cost burdens to a plaintiff who holds out for more.

Evaluating these offers requires a clear-eyed assessment of case strength, likely trial outcomes, and the financial implications of each scenario. A miscalculation in either direction can prove costly.

That is why legal guidance is not optional here. An attorney who understands the Offer of Compromise rule can help you time your offer correctly, assess the opposing party’s offer accurately, and make decisions that protect your financial interests throughout the litigation. You can find such an attorney at Jacobs & Dow, LLC.

Frequently Asked Questions

What is the Offer of Compromise rule in Connecticut?

The Offer of Compromise rule (Connecticut General Statutes § 52-192a) is a procedural tool in Connecticut civil litigation that allows either party to formally propose a monetary settlement. Financial penalties or interest incentives apply if the opposing party rejects the offer and the trial outcome is less favorable.

When can a plaintiff file an Offer of Compromise in Connecticut?

A plaintiff can file no earlier than 180 days after service of process (365 days for medical malpractice or wrongful death cases) and no later than 30 days before trial.

What interest rate applies if a defendant rejects a plaintiff’s offer?

If the plaintiff recovers an amount equal to or greater than their offer at trial, the court adds 8% annual interest to the total recovery amount.

Can a defendant also file an Offer of Compromise in Connecticut?

Yes. A defendant may file an offer up to 30 days before trial. If the plaintiff rejects the offer and recovers less than the proposed amount, the plaintiff may owe the defendant’s post-notice costs, including up to $350 in reasonable attorney’s fees.

Does the Offer of Compromise rule apply to medical malpractice cases?

Yes, but different timelines apply. In personal injury or wrongful death actions alleging negligence by a health care provider, a plaintiff generally must wait at least 365 days after service of process before filing an Offer of Compromise. The defendant then has 60 days to accept the offer.

Contact Jacobs & Dow, LLC for Help with Your Personal Injury Case

If you have been injured in Connecticut and are navigating the civil litigation process, the Offer of Compromise rule is one of many factors that can shape the outcome of your case. At Jacobs & Dow, LLC, our attorneys understand how to use this rule strategically to protect your interests and pursue the compensation you deserve.

Contact Jacobs & Dow, LLC today to discuss your personal injury case and learn how Connecticut’s Offer of Compromise rule may apply to your situation.