Personal InjuryUnderstanding Comparative Negligence

January 4, 20230

You have been injured. Your injuries were caused by the negligence of someone else, such as a
negligent driver of a motor vehicle in a car crash or a store that left something slippery on a
floor causing you to fall.

Connecticut is a Quasi-Comparative Negligence State. Any negligence attributed to you which is
determined to have caused the incident which in turn caused your injuries and damages can be
no greater than 50% of the negligence in total which gave rise to the incident.

You are entitled to your full measure of damages, that is money to compensate you for your
injuries and losses, both economic, (things like lost wages and incurred and future medical bills)
and non-economic, (things like permanent injuries, pain and suffering, and the effect of your
injuries on your daily life).

However, that full measure of damages is reduced by any percentage of negligence attributed
to you, so long as that percentage of negligence attributed to you is not greater than 50%.

Here’s an example I often discuss with my clients. Let’s assume that you are in an intersection
accident with another driver. Both you and the other driver insist you had the green light. There
are no independent witnesses or other evidence to prove which of you had the green light. The
case is tried before a jury who reaches a verdict. Assume in this case your full measure of
damages if the other driver is found to be 100% at fault is $100,000.00.

Instead of the jury deciding the other driver was 100% at fault, assume the jury found the other
driver to be 75% at fault and you 25% at fault. In this case, your full measure of damages,
($100,000.00) would be reduced by the 25% of fault attributed to you. The jury award would be
reduced to $75,000.00.

In the same way, if the jury found you to be 50% at fault, your full measure of damages
($100,000.00) would be reduced by that same 50% and the jury award would be reduced to

If, however the jury found you to be any more than 50% at fault, (even 51% at fault), there is no
consideration by the jury of damages and there would be a $0 (or “Defendant’s) verdict,
meaning no money would be recovered.

Each case and situation which may have caused you to be injured is different. I am available to
discuss with you your case and how the Connecticut rule regarding comparative negligence may
apply. Call me as soon as possible after an injury as critical evidence may be available to help
support and substantiate that you were not in any way negligent in causing your own injuries.