Cooper Law Group | Personal Injury Trial Firm

What does comparative negligence mean?

On Behalf of | Dec 14, 2023 | PERSONAL INJURY - Personal Injury

In personal injury cases, where fault and responsibility often blur, understanding how your actions might affect your claim is vital. Connecticut’s approach to comparative negligence offers a unique perspective on how damages are calculated and attributed.

Navigating the complexities of these cases requires an understanding of various legal principles, including comparative negligence. Consider these points if you’re filing a personal injury claim in this state. 

Definition of comparative negligence

Comparative negligence assesses the degree of fault of each party involved in an accident. In Connecticut, this principle means that the compensation you are eligible for your injuries could be reduced by a percentage equivalent to your share of fault. For instance, if you are deemed 30% responsible for an incident and the total damages amount to $100,000, your compensation could be reduced to $70,000.

Connecticut’s approach to comparative negligence

Connecticut follows a modified comparative negligence rule. State law prohibits you from receiving compensation if you’re found to be 51% or more responsible for the incident. This threshold is critical as it marks the fine line between being eligible for some damages and being barred from compensation.

Impact on personal injury cases in Connecticut

The concept of comparative negligence significantly influences how damages are calculated. It’s also part of the determining factor for the strategies employed by plaintiffs and defendants. 

Understanding your level of fault is crucial in predicting potential compensation outcomes. This rule is also a key consideration for insurance companies and legal representatives when negotiating settlements. Because comparative negligence is such a nuanced concept, it’s critical to work with someone who can help you to determine how to show your side of the matter.