In Connecticut, personal injury claims often involve disputes over who was at fault. However, liability isn’t always black and white. When multiple parties share blame for an accident, the concept of comparative negligence comes into play. This legal principle determines how much compensation an injured party can recover based on their share of responsibility. Understanding how Connecticut’s comparative negligence system works is essential for anyone pursuing a personal injury case.

What Is Comparative Negligence?

Comparative negligence is a legal framework that allocates fault among all involved parties in an accident. Rather than denying compensation entirely if the injured party is partially at fault, this system reduces the damages awarded based on the individual’s percentage of responsibility.

Connecticut follows a modified comparative negligence rule with a 51% bar. This means an injured person can recover damages only if they are 50% or less at fault for the incident. If their share of fault reaches 51% or higher, they are barred from recovering any compensation.

How Fault Is Determined in Connecticut

Assigning fault in a personal injury case involves collecting and analyzing evidence. This may include:

• Police or incident reports
• Eyewitness testimony
• Surveillance footage
• Expert opinions (e.g., accident reconstruction)
• Medical records

Ultimately, it is up to a jury or insurance claims adjuster to evaluate the facts and assign a percentage of fault to each party. Connecticut law allows fault to be divided among multiple individuals, including the plaintiff.

Impact on Compensation

Under Connecticut’s comparative negligence system, any damages that are awarded to the plaintiff are reduced in proportion to their share of fault. Here’s how it works:

• A plaintiff is awarded $100,000 in damages.
• The jury finds the plaintiff 30% responsible for the accident.
• The plaintiff receives $70,000, reflecting a 30% reduction due to their own negligence.

However, if the plaintiff is found 51% or more responsible, they receive nothing under the 51% rule.

Real-World Example

Imagine a pedestrian is struck by a car while jaywalking. The driver was speeding and failed to yield. During the lawsuit:

• The pedestrian is found to be 40% at fault for jaywalking.
• The driver is 60% at fault for speeding and not yielding.

If the pedestrian suffered $200,000 in damages, their award would be reduced by 40%, resulting in a $120,000 payout.

But if the pedestrian had been deemed 55% at fault—for example, if they were also looking at their phone while crossing—they would not receive any compensation at all.

Why Comparative Negligence Matters in Settlement Negotiations

Most personal injury claims in Connecticut are settled before trial. Understanding comparative negligence is vital during these negotiations. Insurance companies often raise the issue of shared fault to reduce their payout. If you’re negotiating a settlement:

• Be prepared to counter claims that you were more than 50% responsible.
• Present strong evidence to minimize your share of fault.
• Understand how your percentage of liability directly affects your final compensation.

Attorneys often use this understanding to pressure insurers into offering fairer settlements that reflect realistic outcomes if the case were to go to trial.

Comparative Negligence in Different Types of Personal Injury Cases

Comparative negligence can influence many types of personal injury claims, including:

Car Accidents:

Fault might be split if both drivers made poor decisions, such as one speeding and the other running a red light.

Slip and Fall Incidents:

A property owner may be liable for unsafe conditions, but the injured person might share fault if they ignored warning signs or were distracted.

Dog Bites:

If the injured person provoked the dog or ignored “Beware of Dog” signs, their damages may be reduced.

Workplace Accidents (Third-Party Claims):

In third-party personal injury claims involving construction or delivery jobs, courts may weigh comparative fault between the worker and a subcontractor or property owner.

The Role of Evidence in Minimizing Assigned Fault

The strength of your case hinges on evidence that limits your share of the blame. Strategies include:

• Gathering scene photos immediately after the accident
• Documenting injuries and treatments in detail
• Keeping a personal injury journal to record pain and limitations
• Preserving witness contact information
• Hiring expert witnesses early to analyze fault distribution

These steps can help reinforce your position and minimize fault percentages attributed to you.

Statute of Limitations Still Applies

Even with comparative negligence at play, Connecticut law imposes a two-year statute of limitations for most personal injury claims. Waiting too long to file can eliminate your ability to pursue compensation—regardless of fault. It’s important to consult an attorney promptly to evaluate your case and begin collecting the evidence needed to support your claim.

Comparative Negligence and Jury Instructions

If a personal injury case in Connecticut goes to trial, the judge provides jury instructions explaining how to apply comparative negligence to their decision. Jurors are asked to:

• Determine total damages
• Assign a percentage of fault to each party
• Reduce the award accordingly

This process ensures fault is distributed equitably—but also underscores why clear, compelling arguments backed by facts are essential.

Conclusion

Comparative negligence can significantly affect how much you receive in a Connecticut personal injury claim—or whether you can recover anything at all. Since Connecticut bars recovery at 51% fault, it’s critical to build a case that minimizes your liability and maximizes your compensation. With strong evidence and a clear understanding of how the law applies, injury victims can navigate this system and pursue fair outcomes. Whether you’re seeking a settlement or heading to trial, working with an attorney who knows how to counter comparative fault arguments can make all the difference.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Connecticut personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.