Many people expect a straightforward process after a car crash. They want to file an insurance claim and receive generous compensation for their medical expenses, property damage losses and lost wages. Unfortunately, getting compensation after a crash can actually be quite challenging. The driver at fault for the wreck may try to blame the other party. They may have insufficient insurance or may not have insurance at all.
The injured party may need to go to court in pursuit of compensation after the collision. Allegations of responsibility can have a major impact on the outcome of the lawsuit. In Connecticut, the law acknowledges that more than one person can contribute to a situation where people get hurt. The state’s modified comparative negligence law applies to personal injury lawsuits after car crashes.
What does that mean for those seeking compensation after a wreck?
Partial fault can affect financial recovery
Those facing a personal injury lawsuit may try to defend against the claims they face. Trying to blame the plaintiff for the crash is a relatively common defense tactic. In such scenarios, the courts look at the basic circumstances of the collision carefully and then assign a portion of fault to each of the parties involved.
Modified comparative negligence rules allow people to request compensation from the other people involved in the incident even if they are partially to blame. So long as the plaintiff has less than 51% of the overall fault for the wreck, they can ask the civil courts to award them compensation.
If their lawsuit is successful, then the amount of compensation awarded undergoes an adjustment. The courts determine the appropriate amount of compensation and then reduce it based on the plaintiff’s degree of fault for the crash.
Someone who forgot to use their turn signal at an intersection obviously doesn’t have as much blame as the distracted driver who ran a red light and hit them. While their partial fault could reduce what they receive from a lawsuit, it does not prevent them from taking legal action.
Learning about the rules that apply to compensation claims after car crashes can help people limit their losses. Those concerned about comparative negligence may need to review the circumstances of a crash with an attorney familiar with complicated claims.
