Understanding Comparative Negligence Rules Of Connecticut

Every state follows a different Comparative Negligence rule. To know what compensation you can receive after being in an accident in Connecticut, it is best to understand the Comparative Negligence rule in detail. 

What exactly is Comparative Negligence?

In personal injury a cases, the defendants have the right to raise defenses such as Comparative Negligence. 

This means, the victim was negligent as well and thus cannot expect to receive total compensation. Lawyers working with Tehrani Law Group understand such defences well and are always prepared to fight back. They are a reliable law firm in Glastonbury and thus know the rules and regulations concerning a personal injury case in Connecticut. Click here to learn more about them.

Comparative Negligence Rule in Connecticut

In an accident, if a victim suffered damages of $100,000 and the party at fault was proven to be responsible for only 80% of those damages (the victim was 20% responsible), the victim can claim and recover $80,000 (80% of the total damages). Now, Connecticut is one of the states that follow the 51% threshold rule regarding comparative negligence. As per the rule, you are still eligible to receive compensation even if you are at 50% fault.

However, once you cross the 51% barrier (it is proved that you are 51% responsible for the accident), you can no longer seek compensation.  

Elements of Comparative Negligence

To prove comparative negligence, the defendant will have to demonstrate:

  • The victim had an obligation to avoid the accident.
  • The victim failed to take actions that any wise person would have taken to avoid the accident.
  • The negligence and failure to take prompt action on the victim’s part is partly or wholly responsible for the accident and injuries that gave rise to the claim. 

Different types of comparative negligence rules

  1. Pure Comparative Negligence: As per this rule, the plaintiff can claim even if they were 99% at fault. They are still eligible to receive a 1% compensation. 
  2. Modified Comparative negligence: This rule does not allow a victim to claim if they are at fault beyond a certain percentage. 
  3. Slight/Gross Negligence: Only the state of South Dakota follows this rule. In this rule, no percentages are assigned to a fault but replaced with ‘slight’ and ‘gross’. Simply put, compensation is more if the victim’s negligence is slight and the defendant’s negligence is gross, and vice versa. 

It can sometimes be challenging to establish the exact percentage of fault of both parties. However, an experienced Connecticut lawyer can help in presenting evidence that helps in resolving this issue.  

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