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Understanding Connecticut's Comparative Negligence Laws
If you have been wrongfully injured in Connecticut, there are a few things that you must understand before taking any action to pursue your case. First and foremost, you must review the circumstances of your accident and determine whether or not someone else’s negligent actions have contributed to your harm. If, for example, you were struck by a car while crossing the street, you must be able to show that the driver had acted either carelessly or recklessly while behind the wheel. This means that they could have been talking on the phone, driving at excessive speeds or driving while intoxicated at the time of the collision. From there, you must ask yourself if you had any part in causing the accident-as this may jeopardize your ability to recover compensation.
Since Connecticut upholds a system known as “modified comparative negligence” when it comes to rewarding damages in a personal injury case, your role in causing the accident will be highly scrutinized. For example, you may have a more difficult time pursuing a claim if you had been illegally crossing the street at the time that you were struck by a negligent driver. This does not mean that you do not still have a legitimate case, but rather that the amount of compensation that you will be able to recover could be lessened by the degree of your own fault. You could be denied damages if it decided that you were more than 51% responsible for causing your own injuries, however, as this is the basis of the state’s negligence laws. Should it be decided that you were only 25% at-fault, you may still be awarded 75% of the originally requested damages.
If you believe that you may be largely responsible for contributing to the accident, it may not necessarily be a good idea to follow up with a personal injury lawsuit-the reason being that the other party may have the opportunity to file a counter-suit against you, should you be deemed more than 51% at-fault. In order to ensure that you do, in fact, have a solid case, it is highly recommended that you discuss the circumstances of your accident with a Connecticut injury lawyer at McCoy & McCoy before taking any further action. In doing so, you will have the opportunity to make a more informed decision and figure out a legal strategy that is best suited for your case. To get started, we encourage you to give us a call at 800-4-INJURY or to submit a free case evaluation form online. From there, we will be able to answer any questions that you may have.