Understanding Personal Injury Defenses in Connecticut

When you file a personal injury claim, you are asserting that another party—the defendant—has caused you harm. In response, the defendant has the legal right to present defenses to negate or reduce their liability. In Connecticut, as in many other states, there are four primary types of defenses typically employed in personal injury cases:

• Claiming the victim caused the accident
• Claiming the victim failed to mitigate the damages
• Failure to state a claim
• Affirmative defense

Depending on the circumstances, a defendant may utilize one or all of these defenses at various stages of the legal process. Let’s explore each of these defenses in greater detail.

Claiming the Victim Caused the Accident

This is the most common defense in personal injury cases, including those involving car accidents and premises liability. The crux of this defense is that you, the victim, acted negligently, thus bearing responsibility for the incident. This defense is appealing for two main reasons:

1. It can absolve the defendant of any liability for damages.
2. It shifts the blame onto the victim, potentially swaying the jury against your claim.

However, Connecticut follows a principle of “comparative negligence.” This means that if the court determines that you share some fault in the accident, it does not eliminate your opportunity for financial recovery. Instead, the court will assess the degree of fault attributable to each party involved. For example, if the court finds that you were 20% responsible for an accident while the other party was 80% at fault, you could still recover 80% of your damages.

Claiming the Victim Failed to Mitigate Damages

As a victim, you have a legal obligation to take reasonable steps to minimize your damages. This is known as the duty to mitigate. For instance, if a fire occurs due to someone else’s negligence, a reasonable person would promptly call emergency services. If you neglect to do so and allow the damage to worsen, the defendant may argue that you failed to mitigate your damages.

Common examples of failing to mitigate include:

• Not seeking immediate medical attention, resulting in worsened injuries.
• Claiming lost wages while passing up available work opportunities.
• Neglecting to take reasonable actions that could have reduced property damage.

While failure to mitigate can reduce the compensation you receive, it typically does not absolve the defendant of all responsibility.

Failure to State a Claim

This defense asserts that the accident is not the defendant’s fault or that the legal criteria for negligence are not met. In a personal injury lawsuit, you must demonstrate that another party was negligent and that their negligence directly caused your injuries. A defendant may argue that an alternative cause led to your injuries or contend that their actions did not constitute negligence. If they succeed in proving this, your chances of recovering damages diminish significantly.

Affirmative Defense

An affirmative defense suggests that you lack the legal standing to pursue a lawsuit. In some cases, the defendant may acknowledge that their actions caused your injury but argue that there is a legal reason preventing them from being liable for damages, such as the expiration of the statute of limitations. While it is uncommon for this defense to succeed, it can result in the dismissal of your case if proven.

How to Overcome These Defenses

Fortunately, personal injury claims are generally more straightforward to prove than other types of legal cases. You do not need to establish your claim “beyond a reasonable doubt”; rather, you need to demonstrate that it is more likely than not that the defendant caused your injury. The most effective way to navigate these defenses is to enlist the services of an experienced attorney who specializes in personal injury law.

At Etemi Law, we understand the complexities of personal injury claims in Connecticut. Our skilled attorneys are dedicated to advocating for your rights and helping you secure the compensation you deserve. If you have been injured due to someone else’s negligence, don’t hesitate to reach out to us for a consultation.

Contact Etemi Law at (203) 409-8424 for professional legal advice and support in your personal injury case.