Understanding Connecticut’s Comparative Negligence Laws
If you’ve been injured in Connecticut, learn how fault, negligence, and comparative negligence laws affect your compensation.
CONNECTICUT'S COMPARATIVE NEGLIGENCE LAWS
What You Need to Know Before Filing a Personal Injury Claim in Connecticut
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. Personal injury law can be complex, and every decision you make early on can influence the outcome of your claim.
Determining Fault and Negligence
First and foremost, you must carefully review the circumstances of your accident and determine whether or not someone else’s negligent actions have contributed to your harm. Negligence means that another party failed to act with reasonable care, resulting in your injuries.
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. Evidence such as police reports, witness statements, or video footage can play a critical role in proving liability.
Understanding Connecticut’s Modified Comparative Negligence Law
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. This means that your own level of fault, if any, will directly affect how much compensation you can recover.
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.
This rule ensures that only those who are primarily victims of negligence – not the main cause of their own injuries – can receive damages.
When You Might Reconsider Filing a Lawsuit
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 over 51% at-fault. Before making any decisions, it’s important to speak with an experienced personal injury attorney who can assess your case and determine the best path forward.
The Importance of Legal Guidance
Every case is unique. Factors such as medical expenses, pain and suffering, lost wages, and long-term care needs all influence the value of your claim. An experienced Connecticut injury lawyer can help you understand your rights, gather evidence, negotiate with insurance companies, and ensure that you are not taken advantage of during the claims process.
At McCoy & McCoy, our board-certified trial lawyers have decades of experience representing injured victims across Connecticut. We handle everything from car accidents and pedestrian injuries to slip-and-fall and construction accidents — always fighting to secure the compensation our clients deserve.
Take the First Step Toward Justice
Before taking any further action, it’s highly recommended that you discuss the circumstances of your accident with a Connecticut personal injury lawyers at McCoy & McCoy. In doing so, you’ll have the opportunity to make an informed decision and develop a strong legal strategy tailored to your situation.
To get started, call 800-4-INJURY or submit a free case evaluation form online today. We’ll review your case, answer your questions, and guide you through every step of the process — so you can focus on healing while we handle the rest.
MCCOY & MCCOY LAW FIRM
CT Personal Injury Lawyers
Established in the 1960, the law firm of McCoy & McCoy continues to provide residents of Connecticut with reliable, sympathetic, and efficient legal help in the areas of accident claims, personal injury, and wrongful deaths. With over 50+ years of combined experience, our team compromises Connecticut natives who have a passion for justice and the local communities we live in.
Few law firms that practice personal injury can truthfully state that 100% of efforts are allocated to cases involving serious injures. We understand these cases involve complex legal theories and that our clients face added obstacles created by catastrophic injuries through no fault of their own.
Contact us today for a free consultation.
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