WATERBURY, CT - November 3, 2026 - Plaintiffs pursuing injury claims in Connecticut have a statutory tool that may significantly increase their recovery if a case proceeds to trial. Waterbury personal injury attorney Dan Petroskey of DeFronzo & Petroskey, P.C. (https://www.defronzolawfirm.com/what-is-offer-of-compromise-connecticut-52-192a/) is providing guidance on the Offer of Compromise under Connecticut General Statutes § 52-192a, a formal written settlement offer that, when properly filed and later met or exceeded at trial, requires the court to add 8% annual interest to the amount recovered.
According to Waterbury personal injury attorney Dan Petroskey, an Offer of Compromise carries legal consequences that informal settlement discussions do not. "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," Petroskey explains. He notes that when a defendant declines a plaintiff's valid offer and the plaintiff later recovers an amount equal to or greater than the offered sum after trial, the court must add statutory interest to the judgment.
Waterbury personal injury attorney Dan Petroskey points out that a plaintiff's offer must meet specific requirements to be valid. 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.
Strict deadlines govern when an Offer of Compromise may be filed. In most civil actions, a plaintiff can file no earlier than 180 days after service of process on the defendant and no later than 30 days before trial, and the defendant then has 30 days to accept. Petroskey observes that personal injury and wrongful death claims alleging negligence by a health care provider follow different timelines, requiring the plaintiff to wait 365 days after service of process before filing, with the defendant having 60 days to accept.
Timing also affects how interest is calculated, according to Attorney Petroskey. When the offer is filed within 18 months after the complaint, interest is calculated from the complaint date if the statutory requirements are met, while offers filed after that period accrue interest from the filing date. "The filing date can make a substantial difference in the total amount added to a judgment," Petroskey adds.
To illustrate, Petroskey describes a plaintiff who files a $120,000 Offer of Compromise after the required 180-day waiting period but within 18 months after filing the complaint. If the defendant declines the offer and the plaintiff later obtains a $200,000 judgment two years after the complaint was filed, the court would add approximately $32,000 in interest at 8% simple annual interest, assuming no other statutory adjustments apply.
Defendants have a similar procedure under Connecticut General Statutes § 52-193. A defendant may file a written offer no later than 30 days before trial stating the amount they are willing to pay, and the plaintiff generally has 60 days after receiving notice to accept. Petroskey notes that if the plaintiff declines 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 under § 52-195, which can include reasonable attorney's fees of up to $350.
Not every civil case qualifies for an Offer of Compromise. Section 52-192a generally applies to civil actions based on contract or seeking money damages, including many car accident, slip-and-fall, premises liability, and dog bite lawsuits, while claims seeking non-monetary relief fall outside the statute. Petroskey emphasizes that once an offer is rejected or expires, it cannot be accepted later unless it is refiled.
Petroskey advises that the effectiveness of an Offer of Compromise depends on proper timing, a valid filing, and a carefully selected amount that reflects a realistic settlement figure. The firm prepares cases for Waterbury Superior Court and the New Haven Judicial District, using available statutes to strengthen a client's position. "The way a claim is filed and negotiated can matter as much as the facts of the accident itself," he says.
For those injured because of another party's negligence, consulting a Waterbury injury attorney may help clarify whether an Offer of Compromise fits the circumstances of a claim and how it could affect a potential recovery.
About DeFronzo & Petroskey, P.C.:
DeFronzo & Petroskey, P.C. is a Waterbury-based personal injury law firm located at 255 Bank Street, serving injured clients throughout Waterbury and New Haven County. Led by attorney Dan Petroskey, the firm handles car accident, slip and fall, premises liability, dog bite, and other negligence cases, continuing a firm legacy spanning more than 60 years. For consultations, call (203) 756-7408.
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