Modified comparative fault is the rule Connecticut courts use to divide responsibility when more than one person contributed to an injury. Under Conn. Gen. Stat. § 52-572h, the court reduces a victim's recoverable compensation by that victim's own percentage of fault, and a victim whose share of fault is more than 50 percent may not recover at all.
How the reduction works
A jury first decides the total damages, then assigns each party a percentage of responsibility. The injured person's award is reduced by their own percentage. Someone found 20 percent at fault recovers 80 percent of the total the jury assigned.
The 50 percent bar
The threshold matters more than the reduction. Under Conn. Gen. Stat. § 52-572h, a victim who is more than 50 percent responsible recovers nothing at all. That is why the allocation of fault, not just the size of the damages, often decides a Connecticut injury case.
Why insurers argue about percentages
Because every percentage point shifted onto the injured person reduces what an insurer pays, and because crossing the 50 percent line ends the claim entirely, disputes over comparative fault are common. Evidence gathered early, such as scene photographs, vehicle damage, and witness accounts, is what those arguments turn on.