Connecticut Comparative Negligence: What If You Were Partly at Fault?

Many injury cases are not black and white. Insurers often argue that the injured person was partly to blame. In Connecticut, that does not automatically end your claim.

The 50% Rule

Connecticut follows a modified comparative negligence rule (CGS § 52-572h). If you were 50% or less at fault, you can still recover compensation. If you were more than 50% at fault, you cannot recover.

How Fault Reduces Your Compensation

Your compensation is reduced by your percentage of fault. For example, if a jury finds your total damages are $100,000 and that you were 20% at fault, your recovery is reduced by 20%, to $80,000.

Why Insurers Push the Blame

Every percentage point of fault an insurer can assign to you reduces what it pays, and above 50% it pays nothing. That is why you should not accept an insurer's account of what happened or give a recorded statement before speaking to an attorney.

What You Can Do

Preserve evidence early, including photos, witness names, medical records and video. Evidence is what separates a fair fault finding from an unfair one.

If you were hurt and are unsure how fault will affect your claim, call Jazlowiecki & Jazlowiecki LLC at (860) 589-8000 for a free case evaluation. No fee unless we win. See also our guides to what to do after a car accident and the Connecticut statute of limitations.