If you are involved in a personal injury claim in Connecticut, it is important to understand the state’s negligence laws. This includes modified comparative negligence, which is a doctrine that can significantly affect the amount of financial compensation you can collect as an accident victim.
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ToggleIn personal injury law, comparative negligence refers to the fault of the filing party (plaintiff) as compared to the accused party (defendant). The definition of negligence is the failure to act with proper care based on the circumstances, such as a careless driver causing a car accident or a property owner failing to prevent a slip and fall.
Comparative negligence is a doctrine that is used to determine liability, or legal and financial responsibility, in a personal injury case. It allocates a percentage of fault among multiple parties involved in a legal dispute. Modified comparative negligence is a variation of this doctrine; it limits a plaintiff’s ability to recover compensation if his or her degree of fault exceeds a certain threshold.
Connecticut General Statutes § 52-572h states, “contributory negligence shall not bar recovery” during a personal injury, property damage or wrongful death cause of action. This law permits a plaintiff to recover financial compensation as long as his or her degree of negligence is not greater than the combined negligence of the defendants involved. In other words, a plaintiff cannot be assigned more than 50 percent of the fault to achieve a monetary recovery.
If there is evidence showing that you contributed to your accident or injury, the defendant’s attorney will most likely use the comparative negligence defense. If you are allocated a percentage of fault for the injuries sustained that is equal to or less than the defendant’s, you can still collect partial financial compensation. However, your damage award will be decreased in proportion to your degree of negligence.
For example, if a judge assigns you 25 percent of the fault for a car accident due to exceeding the speed limit but the other driver is assigned 75 percent of the fault for failing to yield the right-of-way, your financial award would be reduced by a corresponding 25 percent. If your damages equaled $200,000 in this example, you would still recover $150,000.
Since Connecticut uses a modified comparative negligence law, being allocated 51 percent or more of the fault for an accident will take away your right to recover financial compensation from the defendant. Being assigned the majority share of fault would bring your financial recovery to $0. This is why it is important to hire an attorney to help you prove your case.
In some personal injury cases, it is clear that one individual solely caused the accident. In others, one or more parties may share a degree of fault. Connecticut’s modified comparative negligence law allows accident victims to recover financial compensation even if they are partly at fault for their accidents – but only if the degree of fault is less than 51 percent.
It is important to consult with a New Haven personal injury lawyer if you are being blamed for your accident or injuries in Connecticut. An attorney can help you establish that someone else is more at fault than you to protect your right to recover compensation. For more information about how this legal doctrine may impact your case, contact Jacobs & Jacobs for a free consultation with an attorney.