If you are injured in an accident in Connecticut, whether it be a car crash, slip and fall, or another type of personal injury incident, one of the key legal concepts that may impact your case is comparative negligence. This legal doctrine can directly affect whether you are eligible to receive compensation and how much you may recover.
In this article, we will explore what comparative negligence means in the context of Connecticut personal injury law, how Connecticut’s modified comparative negligence rule operates, and what this means for injured individuals seeking compensation.
What Is Comparative Negligence?
Comparative negligence is a legal principle used in personal injury cases to determine fault and allocate damages when more than one party shares responsibility for an accident. Instead of assigning all the blame to one party, comparative negligence allows for a more nuanced approach that reflects the actual circumstances of an incident.
There are two primary forms of comparative negligence used across the U.S.:
- Pure Comparative Negligence – Allows a plaintiff to recover damages even if they are 99% at fault, with their recovery reduced by their percentage of fault.
- Modified Comparative Negligence – Limits a plaintiff’s ability to recover damages if their fault reaches a certain threshold, typically 50% or 51%.
Connecticut follows the modified comparative negligence rule.
Connecticut’s Modified Comparative Negligence Rule
Under Connecticut General Statutes §52-572h, Connecticut adheres to a 51% bar rule. This means:
- An injured party can recover damages as long as they are not more than 50% at fault for the accident.
- If the injured party is found to be 51% or more at fault, they are barred from recovering any compensation.
- If the injured party is partially at fault but less than 51%, their compensation will be reduced in proportion to their degree of fault.
Example:
If you were injured in a car accident and suffered $100,000 in damages, but were found to be 30% at fault for the crash, your compensation would be reduced by 30%, and you would be eligible to receive $70,000.
However, if you were found to be 51% at fault, you would not be entitled to any compensation under Connecticut law.
How Fault Is Determined in Personal Injury Cases
Determining fault in a personal injury case is often complex and fact-specific. Factors that may be considered include:
- Police reports and accident documentation
- Eyewitness statements
- Expert testimony (such as accident reconstruction specialists)
- Photographic or video evidence
- Medical records and timelines
In Connecticut, the allocation of fault is typically decided by the jury (or judge in a bench trial) based on the evidence presented. Each party’s actions leading up to the accident are scrutinized to determine how responsibility should be apportioned.
Common Scenarios Involving Shared Fault
Comparative negligence commonly arises in the following types of personal injury cases:
Car Accidents
- A driver is speeding but another driver fails to yield.
- A pedestrian jaywalks while a driver is texting.
Slip and Fall Accidents
- A customer slips on a wet floor but was distracted by their phone.
- A person trips on uneven pavement while wearing inappropriate footwear.
Dog Bites
- A person is bitten by a dog but ignored a “Beware of Dog” sign or provoked the animal.
Each of these situations may involve a shared fault analysis, and the outcome will hinge on the specific facts of the case.
Why Comparative Negligence Matters in Your Case
Understanding Connecticut’s comparative negligence rule is essential because it can significantly impact the outcome of your personal injury claim:
- Reduces Compensation: Even if you win your case, your total compensation may be reduced if you share any fault.
- Can Bar Recovery: If you are more than 50% at fault, you receive nothing.
Shapes Legal Strategy: Your attorney will focus on minimizing your share of fault while maximizing evidence against the opposing party.
Proving Negligence and Minimizing Your Fault
To recover damages in a Connecticut personal injury case, you must prove that another party was negligent and that their negligence caused your injuries. You must also be prepared to counter claims that you were partially at fault.
Key steps to take:
- Seek immediate medical attention and follow all treatment recommendations.
- Document everything related to the incident (photos, reports, names of witnesses).
- Avoid admitting fault or making statements that could be used against you.
- Work with an experienced personal injury attorney who understands Connecticut law and can build a strong case on your behalf.
How Insurance Companies Use Comparative Negligence
Insurance adjusters often rely on the comparative negligence rule to minimize payouts. They may:
- Assign you a higher percentage of fault to reduce their liability.
- Dispute the severity or cause of your injuries.
- Use statements you made at the scene or in recorded conversations against you.
This is one reason why working with a skilled Connecticut personal injury attorney is so important. Your lawyer can negotiate with insurers, challenge unfair fault assignments, and, if necessary, take your case to court.
Statute of Limitations in Connecticut
If you are pursuing a personal injury claim in Connecticut, be aware of the statute of limitations. Under Connecticut law, you typically have two years from the date of the accident to file a lawsuit. Missing this deadline could result in losing your right to recover compensation altogether.
The Role of Legal Representation
Navigating a personal injury claim under Connecticut’s comparative negligence rules can be complicated, especially when fault is contested. An experienced personal injury attorney can help by:
- Investigating the facts of your case thoroughly
- Gathering and preserving critical evidence
- Working with experts to support your claims
- Negotiating with insurance companies
- Representing you in court if a fair settlement isn’t offered
Contact a Connecticut Personal Injury Attorney Today
If you’ve been injured in an accident and believe someone else is at fault—even partially—you may still be entitled to compensation. At Weber, Carrier, Chace LLP, our personal injury attorneys have extensive experience representing clients in New Britain, Old Saybrook, and throughout Connecticut.
We understand how Connecticut’s comparative negligence laws work and will fight to ensure your rights are protected. Contact us today for a free consultation and let us help you understand your options.