When it comes to personal injury cases, many individuals find themselves in situations where they may be partially at fault for their injuries. This can create confusion and uncertainty about their rights to compensation. In Connecticut, the law has evolved to allow victims to seek damages even if they share some degree of responsibility for the incident that caused their injuries.

The Basics of Comparative Negligence

In the past, the rule was strict: if you were even slightly at fault for your injury, you would be barred from recovering any damages. Thankfully, Connecticut, along with many other states, has adopted a more equitable approach known as “modified comparative negligence.” This means that you can still receive compensation as long as you are not more than 50% at fault for the accident.

Examples of Partial Fault

Determining fault in personal injury cases can be complex. Let’s consider a car accident scenario. There may be multiple factors involved that contribute to the incident. Frequently, individuals find themselves in unfortunate situations due to a combination of circumstances. Here are some examples of how you might be considered partially at fault:

• You were exceeding the speed limit.
• You were following another vehicle too closely.
• Your turn signal was not used properly, or you activated it late.
• Your vehicle was not properly maintained, leading to mechanical failures.
• You failed to obey traffic signals or signs.
• You had an opportunity to avoid the accident but did not react in time.
• You could have responded more quickly to avoid the collision.

In these instances, the other party may argue that your actions contributed to the accident, potentially reducing the amount of damages they are liable to pay.

How Modified Comparative Negligence Works

Under modified comparative negligence, your compensation is adjusted based on your percentage of fault. For example, if you are found to be 20% at fault for your accident, and your total damages amount to $10,000, the other party will only be responsible for paying you $8,000—reflecting a 20% deduction from your total damages due to your share of the fault.

However, if it is determined that you are more than 50% at fault, you will be barred from recovering any damages from the other party. This is a crucial aspect to consider when evaluating your case, as it could significantly impact your ability to receive compensation.

Why You Should Consult a Personal Injury Attorney

The nuances of comparative negligence can be difficult to navigate without professional guidance. A skilled personal injury attorney, such as those at Etemi Law, can help you assess your case and determine what percentage of fault might be attributed to you. They can also work to gather evidence, negotiate with insurance companies, and advocate for your rights throughout the legal process.

Don’t let the fear of being partially at fault prevent you from pursuing the compensation you deserve. It’s important to understand that even in cases of shared fault, you still have the right to seek damages for your injuries and losses.

Contact Etemi Law Today

If you’ve been injured and are concerned about potential fault in your case, reach out to Etemi Law for a consultation. Our experienced team is here to help you navigate the complexities of personal injury law in Connecticut. Call us today at 203-409-8424 for a FREE consultation, or fill out the form on our website to get started on your path to recovery.

Your injuries deserve to be addressed, and our dedicated attorneys are ready to fight for your rights. Don’t wait—contact us now!