In Mississippi, the law applies a system of comparative fault in personal injury cases, which directly influences the compensation you may receive. This system can significantly impact the outcome of a personal injury claim, especially if you share some responsibility for the accident. Understanding how partial fault works in Mississippi is crucial if you find yourself in such a situation.
Brad Morris
Attorney
What is Comparative Fault? 
Mississippi follows a modified comparative fault rule. Under this rule, if you are partially responsible for the accident that caused your injury, your compensation may be reduced based on the percentage of fault attributed to you. However, there is an important limitation: if you are found to be 50 percent or more at fault for the accident, you are barred from recovering any compensation. In other words, as long as your fault does not exceed 50 percent, you can still recover damages, but the amount you can receive will be reduced.
How Partial Fault Can Affect Your Compensation
If you are involved in an accident in Mississippi and are partially at fault, your compensation will be adjusted according to the percentage of fault you hold. For example, if you are found 25 percent at fault, your damages will be reduced by 25 percent. So, if your total damages amount to $100,000, you would only be able to recover $75,000. The more at fault you are, the less you can recover.
Understanding this concept is essential for anyone involved in a personal injury claim in Mississippi. It is not enough to simply prove that someone else was responsible for the accident. The extent of your responsibility, whether minor or significant, will play a major role in the final outcome of your case.
Example of Partial Fault in Action
Let’s say you were involved in a car accident in Oxford, Mississippi. You were driving and rear-ended another car because you were distracted by your phone for a few seconds. The other driver also failed to signal before changing lanes. After investigation, it’s determined that the accident was caused by both drivers’ actions.
In this case, you could be found partially at fault due to distracted driving. Let’s assume the other driver is found to be more at fault due to their failure to signal. The percentage of fault each driver holds will be determined, and your damages will be reduced accordingly.
If the court determines that you are 30 percent at fault for the accident, your total damages of $100,000 would be reduced to $70,000, as 30 percent of the award is deducted. If the other driver was found 70 percent at fault, they would be responsible for the remaining 70 percent of the damages.
This example illustrates how the comparative fault system works in Mississippi. Even if you are not completely at fault for the accident, being partially responsible will reduce the amount of compensation you can recover.
The Impact of Shared Fault on Different Types of Damages
In a personal injury claim, damages can be awarded for various types of losses. These include medical expenses, lost wages, pain and suffering, and property damage. When partial fault is involved, each of these types of damages can be reduced in proportion to the percentage of fault assigned to the plaintiff.
For example, if you were injured in a car accident and incurred $50,000 in medical bills, the amount you can recover for medical expenses will be reduced by your percentage of fault. If you are 20 percent at fault for the accident, you would only be entitled to recover 80 percent of your medical bills, which would amount to $40,000. Similarly, if you lost wages due to your injury, the compensation for lost wages will also be reduced by the percentage of fault you bear.
Pain and suffering damages, which are meant to compensate for the emotional and physical distress caused by the injury, can also be reduced by your percentage of fault. If the court determines you are partially at fault, the amount of pain and suffering damages you can recover will be lower than if you were not responsible for the accident.
Property damage compensation works the same way. If your vehicle was damaged in the accident, your compensation for repairs or replacement will be reduced according to the percentage of fault you hold. So, if you are 25 percent at fault, you would only recover 75 percent of the total cost of repairs or replacement.
Steps of a Personal Injury Case Will My Case Go To Trial?Related Videos
Understanding the Role of Insurance Companies
In personal injury cases involving partial fault, insurance companies often play a significant role. They will investigate the accident, determine the extent of fault, and negotiate compensation for both parties. Insurance companies may try to assign as much fault as possible to the injured party in order to minimize their payout. This is why it is essential to have an experienced personal injury lawyer on your side to protect your interests.
Insurance adjusters may attempt to persuade you to settle for a lower amount than you deserve, especially if they can argue that you are partially at fault for the accident. They may use your own statements against you or try to downplay the severity of your injuries. Having legal representation can help ensure that your rights are protected and that you are compensated fairly.
A skilled attorney will know how to investigate the case thoroughly, gather evidence, and challenge the insurance company’s findings. They can work to reduce the percentage of fault attributed to you, ensuring that your compensation is not unfairly reduced. They can also fight for the maximum compensation you are entitled to, taking into account all of the damages you have suffered.
Why You Should Consult a Personal Injury Lawyer
If you are involved in a personal injury case where you are partially at fault, consulting an experienced personal injury lawyer is crucial. A lawyer will help you understand how Mississippi’s comparative fault laws apply to your case and ensure that your interests are protected. They can guide you through the legal process, gather evidence, and negotiate with insurance companies on your behalf.
Having an attorney can also increase your chances of recovering the full compensation you deserve. A lawyer will be able to present your case in the best possible light and argue that the percentage of fault attributed to you is unfair. They can also advise you on the best course of action if the other party tries to shift blame onto you.
Navigating a personal injury case in Mississippi can be complicated, especially when partial fault is involved. The comparative fault rule means that your compensation will be affected by the percentage of responsibility assigned to you. While being partially at fault does not necessarily bar you from recovering compensation, it can significantly reduce the amount you can recover.
If you are involved in a personal injury case, it is important to understand how comparative fault works and how it will impact your compensation. Working with an experienced personal injury lawyer can help ensure that you are treated fairly and that your rights are protected throughout the process. At Brad Morris Law Firm, PLLC, we are dedicated to helping clients in Oxford and the surrounding areas recover the compensation they deserve, even when partial fault is a factor. If you or a loved one has been injured in an accident, contact us today for a free consultation.