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Modified Comparative Negligence - 51% Fault Bar Under Connecticut Law

Negligence Law

Modified Comparative Negligence (51% Bar)

Connecticut follows modified comparative negligence with a 51% bar (Conn. Gen. Stat. § 52-572h). Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.

Damage Caps

No Cap

No limit on non-economic damages

Statute of Limitations

2 years for personal injury

Deadline to file your lawsuit

Understanding Connecticut's Negligence Law

What is Modified Comparative Negligence (51% Bar)?

Connecticut follows modified comparative negligence with a 51% bar (Conn. Gen. Stat. § 52-572h). Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.

Example:

If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.

Damage Caps in Connecticut

Connecticut does not impose general caps on compensatory damages in personal injury cases

Personal Injury Statistics in Connecticut

Average Settlement

$0

Based on reported cases in Connecticut

Cases Filed Annually

23,510

Personal injury lawsuits per year

In-Depth Guide to Connecticut Personal Injury Law

Notable Connecticut Personal Injury Cases
Landmark cases that shaped Connecticut law

Connecticut follows modified comparative negligence with a 51% bar rule. The Bhinder v. Sun Co. (2009) case addressed how Connecticut courts handle comparative fault in multi-defendant situations.

Connecticut has been significant in pharmaceutical litigation, with many drug companies headquartered in the state. Cases against manufacturers for dangerous medications have produced substantial settlements.

The Sandy Hook shooting litigation against gun manufacturers resulted in a groundbreaking $73 million settlement in 2022, using Connecticut's consumer protection laws to hold manufacturers accountable.

Filing a Lawsuit in Connecticut
Court procedures and requirements

Connecticut personal injury cases are filed in Superior Court, with 13 judicial districts. Hartford, New Haven, and Fairfield districts handle the most civil litigation.

Connecticut follows the Connecticut Practice Book for civil procedure. The state uses automatic discovery orders requiring early disclosure of relevant information.

Connecticut courts actively use settlement conferences and encourage mediation. The state's housing courts and small claims processes handle smaller matters efficiently.

Choosing a Personal Injury Attorney in Connecticut
What to look for in local representation

Connecticut attorneys are licensed by the Connecticut Bar. For personal injury cases, look for attorneys with trial experience in Connecticut Superior Court.

The Connecticut Trial Lawyers Association is the state's primary plaintiff attorney organization. Members stay current on Connecticut tort law developments.

Connecticut's proximity to New York means some attorneys practice in both states. Contingency fees typically range from 33-40%.

Understanding Connecticut's Statute of Limitations
Critical deadlines for your claim

Connecticut's statute of limitations for personal injury is 2 years under Conn. Gen. Stat. § 52-584. This applies to most negligence claims.

Medical malpractice has a 2-year statute of limitations with a continuing treatment exception. Claims against Connecticut municipalities have specific notice requirements varying by municipality.

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This calculator provides estimates only and is not legal advice. Laws in Connecticut are complex and individual case results vary. Consult a licensed Connecticut attorney for advice specific to your case.

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