What is Fault in Personal Injury Law?

In personal injury law, fault refers to negligence or a breach of duty that causes harm or injury to another person. Establishing fault is a critical step in determining liability and recovering compensation for accident-related damages. If you or a loved one have been injured due to someone else’s negligence, determining who is at fault is key to building a strong case for compensation.

Determining Fault and Liability

When an accident occurs in Connecticut, determining who is at fault typically involves an investigation by the at-fault party’s insurance company. If the liable party has an applicable insurance policy, the insurance company will often be responsible for awarding damages to the injured party.

However, insurance companies are not always fair. That’s where having a trusted legal advocate, like Bert McDowell Injury Law, can make a difference. Our team will conduct a thorough investigation of your accident, analyze the details, and determine where liability lies. If you and the insurance company cannot agree on fault, filing a personal injury lawsuit may become necessary. In such cases, the ultimate determination of fault will rest with a civil court jury.

Proving Fault Through Negligence

Most personal injury claims arise from negligence. To hold someone legally responsible for an accident, four key elements of negligence must be proven:

1. Legal Duty of Care: The at-fault party must have owed a duty of care to the injured person. For example, all drivers have a legal obligation to operate their vehicles safely and obey traffic laws.
2. Breach of Duty: It must be shown that the at-fault party breached their duty of care. This could involve reckless or careless actions such as speeding, running a red light, or texting while driving.
3. Causation: The injured party must demonstrate that the at-fault party’s breach of duty caused their injuries. For example, if a distracted driver caused a car accident resulting in injuries, that driver is responsible.
4. Damages: Finally, the injured party must provide evidence of damages, such as medical bills, lost wages, or pain and suffering caused by the accident.

Other Types of Fault

While negligence is the most common basis for fault in personal injury cases, there are other circumstances where fault may be established:

• Negligence Per Se: This applies when someone violates a law designed to protect public safety, such as speeding, driving under the influence, or failing to leash a dangerous dog.
• Intentional Conduct: This occurs when someone deliberately causes harm to another person, such as in assault cases.
• Strict Liability: In certain cases, such as product liability claims or accidents involving hazardous materials, a party may be held liable without proof of negligence or intent to harm.

Comparative and Contributory Fault in Connecticut

Connecticut follows a “modified comparative negligence” rule. This means that if you are partially at fault for your injuries, your compensation may be reduced by your percentage of fault. However, if you are found to be 51% or more at fault, you cannot recover any damages.

For example, if you were 20% at fault for an accident and your total damages amount to $100,000, your compensation would be reduced by 20%, leaving you with $80,000. Because these rules can be complicated, it’s crucial to work with a skilled personal injury attorney to ensure your case is handled properly.

Why Choose Bert McDowell Injury Law?

At Bert McDowell Injury Law, we understand the challenges you face after an injury. Our team has extensive experience helping Connecticut residents prove fault and recover the compensation they deserve. We handle every aspect of your case, from investigating the accident to negotiating with insurance companies, so you can focus on healing.

We are committed to fighting for justice for our clients. Whether you were injured in a car accident, slip and fall, or another type of accident, we are here to help. With our expertise in Connecticut personal injury law, you can trust us to build a strong case on your behalf.

Contact Us Today

If you’ve been injured in an accident, don’t wait to seek legal assistance. Contact Bert McDowell Injury Law for experienced and compassionate representation. We offer free consultations to discuss your case and explain your legal options.

Call us now at 475-231-3274 or fill out our online form to get started. Let us help you secure the justice and compensation you deserve.