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Am I Entitled to Compensation for Injuries in a Shared Fault Accident?

 Posted on February 10, 2021 in Car Accidents

Metro New York personal injury attorney car accident

personal injury claim can enable an injured person to recover financial compensation for medical expenses, property damage, lost income, pain and suffering, and other damages. However, in order to receive financial compensation through a personal injury claim, the plaintiff must establish the defendant’s negligence or wrongdoing. Whether an injury results from a vehicle collision, truck crash, construction accident, or another incident, there is usually a multitude of factors that contribute to an injurious accident. The injured person’s own actions may even contribute to his or her injury. In cases of shared liability for an injury-causing accident, is the injured person still entitled to compensation?

Connecticut Law Regarding Shared Liability for a Personal Injury

State laws regarding shared liability for a personal injury or wrongful death vary. A handful of states follow a legal doctrine called “contributory negligence.” In contributory negligence states, an injured person is barred from recovery if he or she contributed to the injury-causing incident in any way.

Connecticut personal injury claims are subject to a legal doctrine called “modified comparative negligence.” In Connecticut, an injured person may still be entitled to compensation as long as his or her portion of fault for the injury-causing incident is less than 51 percent. Put another way, an injured person may still be entitled to compensation through a personal injury claim as long as his or her share of fault is not more than the defendant’s share of fault.  

Damages Are Reduced in Proportion to the Plaintiff’s Share of Fault

If an injured person is found to be partially at fault for the incident that caused his or her injury, the amount of damages that the injured person may recover is reduced in proportion to his or her share of fault. Consider the following example: Driver A sustains a traumatic brain injury (TBI) when driver B runs a red light and causes a side-impact collision. Driver A requires significant medical treatment and is forced to miss work for several months. He sustains $300,000 worth of economic and non-economic damages. Driver B clearly acted negligently by running the red light; however, driver A was speeding at the time of the accident and therefore also acted negligently. Driver A is found to be 10 percent at fault for the accident and driver B is found to be 90 percent at fault. Because his contribution to the accident is 10 percent, driver A’s damages are reduced by 10 percent. Driver A recovers $270,000 for the collision.

Contact a Greenwich Personal Injury Attorney

If you were injured because of another party’s negligence, you may still be entitled to damages even if you were partially at fault. Personal injury claims involving shared liability are often complex, so it is important to work with an experienced Connecticut personal injury lawyer. Call Ivey, Barnum & O'Mara, LLC today at 203-661-6000 to schedule your free consultation.



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