Coparative Fault in Connecticut
Accident & Injury Personal Injury General Practice
Summary: A blog post about Connecticut's modified rules regarding comparative fault in personal injury cases.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries of those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
It is not unusual to file an insurance claim or court case seeking compensation for your injuries, only to have the person or company you’ve filed against claim that you were partly or totally responsible for the accident that injured you. Connecticut uses a “comparative fault” rule that reduces or eliminates damages in cases where the injured person is found to share some level of blame.
Here is a great example of Connecticut’s modified comparative fault rule in action. Suppose you are driving a few miles per hour over the posted speed limit when you pass through an intersection. Another driver runs a red light at the intersection and hits your car. Eventually, it is determined that you were ten percent at fault, and the other driver was ninety percent at fault.
Under Connecticut’s modified comparative fault rule, the ten percent of fault assigned to you means your total damages will be reduced by ten percent. If your damages in the example above were $10,000, this means you would walk away with $9,000, or the $10,000 total minus $1,000. If your portion of the damages were 50 percent or more, however, your damages award would be eliminated entirely, and you will not be allowed to collect from any at-fault party.
Connecticut courts are required to apply the comparative fault rule in injury lawsuits that make it through trial. Insurance adjusters may also choose to bring up the issue of comparative fault during settlement negotiations, so it is best to be prepared.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: All Law