HUGE Med Mal Verdict Shows Importance of Offer of Compromise

Smart Lawyering Adds About $30MM to $58MM Verdict

Personal injury powerhouse Kathleen Nastri of Koskoff, Koskoff & Bieder secured a $58MM verdict in a case where an bigstock_Money___922494[1].JPGobstetrician failed to deliver a baby by caesarean section immediately upon discovering certain conditions.  The baby, born two days later by caesarean section after mom went into labor, developed cerebral palsy and needs extensive home care.

Most of us will not have this day in the sun in our careers, but let me highlight something we all can do:  file an offer of compromise pursuant to Conn. Gen. Stat. § 52-192a.  This is NOT limited to personal injury cases -- I use them all the time in business litigation. 

By filing an offer of compromise, you say, "This is what my client will take to settle this matter."  The defendant has 30 days to accept the offer. 

If the defendant doesn't accept, and the damage award at trial is greater than the offer, the plaintiff is awarded 8% prejudgment interest on the entire amount of the damage award from the date the complaint was filed if the offer is filed within 18 months of the filing date, or from the date of the filing of the offer, if the offer is filed more than 18 months.

Add a few years for the case to wend its way through the justice system, and you've got some serious bucks and serious leverage in a settlement scenario.

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