If you have been injured in an accident in Connecticut, you may be entitled to compensation for your injuries. However, Connecticut personal injury law can be complex, and understanding how comparative negligence works is essential to getting the compensation you deserve.
Keep reading to learn more about comparative negligence and how it can impact your personal injury case in Connecticut.
What is Comparative Negligence?
Comparative negligence is a legal concept that determines the degree of fault of each party involved in an accident. Under Connecticut law, if you were partially at fault for your injuries, you may still be able to recover damages, but your percentage of fault will reduce your compensation.
For example, if you were in a car accident, and the other driver was 80% at fault, but you were 20% at fault because you were speeding, your compensation would be reduced by 20%. So, if your damages were $100,000, you would receive $80,000 in compensation.
How Does Connecticut Law Define Negligence?
Connecticut law defines negligence as failing to engage in reasonable care that another person would have exercised in the same or similar circumstances. Negligence can occur in many situations, including car accidents, slips, falls, medical malpractice, etc.
To establish negligence, you must prove the following elements:
- Duty of Care: The defendant owed you a duty of care to act reasonably under the circumstances.
- Breach of Duty: The defendant breached their duty of care by failing to act reasonably.
- Causation: The defendant’s breach of duty caused your injuries.
- Damages: You suffered damages due to the defendant’s breach of duty.
How Does Comparative Negligence Affect Personal Injury Cases in Connecticut?
Connecticut follows a modified comparative negligence system. Under this system, it is possible to recover damages even if you are partly at fault. However, your percentage of fault will reduce your compensation.
Connecticut uses a 51% rule, which means that if you are found to be 51% or more at fault for your injuries, you cannot recover any damages. However, if you are found to be 50% or less at fault, you can still recover damages, but your percentage of fault will reduce your compensation.
For example, if you were in a slip-and-fall accident at a store and were texting on your phone at the time of the accident, the store may argue that you were partially at fault for your injuries. If the court finds that you were 20% at fault, your compensation will be reduced by 20%.
It is essential to note that Connecticut law allows for contributory negligence, which means that if the defendant can prove that you were partially at fault for your injuries, they may be able to reduce or eliminate their liability for your damages.
How Can a Connecticut Personal Injury Lawyer Help?
If you have been injured in an accident in Connecticut, it is crucial to seek the advice of an experienced attorney. They can help you navigate the complex legal system and protect your rights.
An attorney can help you:
- Investigate Your Case: Investigate your accident’s circumstances and gather evidence to support your claim.
- Determine Fault: Determine who was at fault for your injuries and how comparative negligence may impact your case.
- Calculate Damages: Calculate the full extent of your damages, including medical expenses, lost wages, and pain and suffering.
- Negotiate with Insurance Companies: Negotiate to ensure you receive fair compensation for your injuries.
- Represent You in Court: If your case goes to trial, they can represent you and advocate for your rights.
When Should You Contact a Connecticut Personal Injury Lawyer?
If you have been injured in an accident in Connecticut, it is essential to contact a personal injury lawyer as soon as possible. Connecticut’s statute of limitations for personal injury cases is two years from the accident date. If you fail to file a claim within this time frame, you may lose your right to compensation.
Additionally, the sooner you contact a personal injury attorney, the better your chances of obtaining a favorable outcome. A lawyer can investigate your case while the evidence is fresh and ensure that your rights are protected.
Protect Your Rights to Compensation by Hiring a Connecticut Personal Injury Lawyer
If you have been injured in an accident in Connecticut, understanding how comparative negligence works is essential to getting the compensation you deserve. Connecticut follows a modified comparative negligence system, meaning you can still recover damages even if you were partially at fault for your injuries. Still, your percentage of fault will reduce your compensation.
It is crucial to seek the advice of an experienced lawyer who can help you navigate the complex legal system and protect your rights. An attorney can investigate your case, determine fault, calculate damages, negotiate with insurance companies, and represent you in court.