The Role of Comparative Negligence in Connecticut Personal Injury Claims

Sometimes, you may become the victim of an accident that you were partly responsible for. Well, in Connecticut, there’s good news for drivers who aren’t entirely innocent. Connecticut is one of the 33 US states that follows a system called “comparative negligence” for accidents.

This means you can still get compensated for damages even if you shared some fault, as long as you weren’t mostly responsible (that means less than 50% at fault).

Most people don’t understand comparative negligence and how it affects their case, and this lack of knowledge could hurt their chances of getting fair compensation. A good Connecticut personal injury lawyer will explain how comparative negligence works in your situation and how it might impact your ability to get compensation for your damages.

How It Works

The concept of comparative negligence boils down to sharing the blame and the financial burden.

Here’s how it works:

Sharing the blame

Comparative negligence laws look at how much each party involved in an accident contributed to the crash. This means both the injured person (plaintiff) and the person responsible (defendant) have a percentage of fault assigned to them.

Sharing the costs

The amount of compensation awarded to the injured party is then reduced by their percentage of fault. So, if someone is found 20% at fault for an accident, they would receive 80% of the total damages they suffered.

The Various Types of Comparative Negligence

There are three main types of comparative negligence:

Pure Comparative Negligence

This is the most forgiving system. An injured party can receive some compensation even if they were mostly to blame for the accident.

Modified Comparative Negligence

This is more restrictive. Some states, including Connecticut, have a 50% bar rule, which means if the injured party is found 50% or more at fault, they can’t recover any damages. Other states have a 51% bar rule, offering slightly more leeway.

Slight/Gross Comparative Negligence

This system focuses on the severity of each party’s actions, not percentages. If the injured party’s mistake was minor but the other party acted recklessly, the injured party would likely receive more compensation.

How It Can Affect Your Personal Injury Case

Fault in your accident matters a lot. The more they blame you, the less money you get. In Connecticut, even a little bit of fault over 50% can mean you get nothing.

The less they blame you (lower percentage of fault), the more money you can get for your injuries.

Here’s how comparative negligence can affect your case in practical terms:

Settlement negotiations

Insurance companies will use comparative negligence to their advantage during settlement talks. If you share a significant portion of the blame, they will likely offer a lower settlement amount and try to blackmail you into accepting it due to your contribution to the accident.

A good lawyer understands how comparative negligence works. They can counter the claims adjuster on your behalf and negotiate a fair settlement.

Going to trial

If settlement negotiations fail, your case may proceed to trial. Here, the jury will determine the percentage of fault for each party. Your attorney will work to build a case that paints you as the ideal victim in this situation.

As long as you have a lower fault level, your lawyer will gather evidence and enact strategies to convince the judge and jury that you deserve higher compensation.

Conclusion

Getting a good lawyer depends on the state’s laws. What works in one state might hurt your case in another.

You deserve compensation from anyone who played a role in your accident. All you need is a competent attorney to take on your case. They can guide you through the process, assess your case, and help you maximize your chances of a successful outcome.

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