Sec. 52-195. Effect of failure to accept defendant's offer of compromise.
Sec. 52-195. Effect of failure to accept defendant's offer of compromise. (a) If
the plaintiff does not, within the time allowed for acceptance of the offer of compromise
and before the commencement of the trial, file the plaintiff's notice of acceptance, the
offer shall be deemed to be withdrawn and shall not be given in evidence.
(b) Unless the plaintiff recovers more than the sum specified in the offer of compromise, with interest from its date, the plaintiff shall recover no costs accruing after the
plaintiff received notice of the filing of such offer, but shall pay the defendant's costs
accruing after the plaintiff received notice. Such costs may include reasonable attorney's
fees in an amount not to exceed three hundred fifty dollars.
(c) This section shall not be interpreted to abrogate the contractual rights of any
party concerning the recovery of attorney's fees in accordance with the provisions of
any written contract between the parties to the action. The provisions of this section
shall not apply to cases in which nominal damages have been assessed upon a hearing
after a default or after a demurrer has been overruled.
(1949 Rev., S. 7944; P.A. 79-250, S. 2; P.A. 82-160, S. 96; P.A. 05-275, S. 7.)
History: P.A. 79-250 specified that costs may include attorney's fees not exceeding $350 and that provisions do not
abrogate contractual rights re recovery of attorney's fees; P.A. 82-160 rephrased the section and inserted Subsec. indicators;
P.A. 05-275 amended Subsecs. (a) and (b) to replace "offer of judgment" with "offer of compromise" where appearing
and make technical changes, effective October 1, 2005, and applicable to actions accruing on or after that date.
See note to Sec. 52-193.
Cited. 163 C. 445. The phrase which states "such costs may include reasonable attorney's fees" modifies only the term
"defendants costs" in the immediately preceding clause of the statute. 188 C. 213. Cited. 239 C. 708. Plaintiff must establish
all of the elements of a negligence claim, including causation and actual injury, in order to recover and, therefore, the
technical legal injury concept does not apply to a negligence action. 277 C. 364.
Cited. 8 CA 254.
Cited. 10 CS 166. Reasonableness of offer of judgment discussed. 39 CS 467.