In Mississippi, wrongful death claims are complex legal matters that can be impacted by several factors. Among these, one of the most significant and sometimes confusing aspects is comparative fault. Understanding how comparative fault operates in the context of wrongful death cases can make all the difference in the outcome of your case. We will discuss what comparative fault means, how it can affect wrongful death claims in Mississippi, and how it impacts the compensation families can recover after the tragic loss of a loved one.
Brad Morris
Attorney
What is Comparative Fault? 
Comparative fault is a legal principle that comes into play when more than one party shares responsibility for an accident or wrongful death. Under this principle, fault for the incident is divided among the involved parties according to their percentage of responsibility. This may sound straightforward, but in wrongful death cases, it can become a complicated issue. Mississippi follows a “modified comparative fault” rule, which allows a party to seek compensation as long as they are less than 50% at fault for the accident. However, if the deceased person is found to be more than 50% responsible, their family will not be able to recover damages from the other party.
How Does Comparative Fault Impact Wrongful Death Cases in Mississippi?
In wrongful death cases, comparative fault plays a crucial role in determining who is liable for the death and how much compensation the surviving family members are entitled to. For instance, consider a scenario where a fatal accident occurs due to a car crash in which both drivers share responsibility. Perhaps the deceased person was speeding, while the other driver failed to yield at an intersection. In such a case, the jury or judge would assess the actions of both drivers and assign fault based on their relative levels of negligence.
If the deceased person is found to be partially at fault for the accident, their family’s potential recovery may be reduced by their percentage of fault. This means that the higher the percentage of fault assigned to the deceased, the less compensation the family can receive. If the deceased is found to be 20% at fault for the accident, the damages awarded would be reduced by 20%. For example, if the total damages are $100,000, the family would only recover $80,000.
However, the law in Mississippi still allows families to pursue compensation even if the deceased person shares some degree of fault, as long as they are found to be less than 50% responsible for the accident. This is a critical point for families navigating wrongful death claims, as it gives them an opportunity to pursue justice and compensation, even if the situation is not entirely clear-cut.
Mississippi’s Modified Comparative Fault Rule
Mississippi follows a modified comparative fault rule, which differs from the traditional comparative fault systems in other states. In Mississippi, a party can still recover damages in a wrongful death case if they are less than 50% responsible for the accident. However, if the deceased person is found to be 50% or more at fault, their family cannot recover any damages. This rule is designed to ensure that individuals and families who are only partially at fault for an incident are still able to pursue legal action and receive compensation.
In contrast, many states follow a “pure comparative fault” rule, which allows a plaintiff to recover damages regardless of how much fault they share in the accident. Even if a person is 99% responsible for the incident, they can still recover 1% of the damages. Mississippi’s modified rule, however, provides a limit on how much fault a plaintiff can bear and still recover compensation, making it somewhat more restrictive than pure comparative fault states.
How the Court Determines Fault in Wrongful Death Cases
The determination of fault in wrongful death cases is one of the most critical aspects of the case, and it can have a significant impact on the amount of compensation the family can recover. The court will consider a variety of factors when determining fault, including the actions of the deceased person, the actions of the other party involved, and the overall circumstances surrounding the fatal accident.
For example, in a car accident wrongful death case, the court may examine whether the deceased person was speeding, whether they were driving under the influence of alcohol or drugs, whether they were distracted by their phone or other devices, and whether they were wearing a seatbelt. The court will also look at the actions of the other driver, such as whether they were obeying traffic laws, whether they were speeding, or whether they were at fault for the accident in another way.
In some cases, the jury will hear from expert witnesses, including accident reconstructionists, medical experts, and others who can provide insight into how the accident occurred and what role each party played in the incident. These experts can help establish the degree of fault for each party and assist the jury in making a determination about how to divide the responsibility.
The Impact of Comparative Fault on Compensation
The primary impact of comparative fault in a wrongful death case is on the amount of compensation that the surviving family members can recover. If the deceased person is found to be partially responsible for the accident, their family’s recovery will be reduced accordingly. However, it is essential to note that Mississippi law still allows for compensation even if the deceased person shares some degree of fault.
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In Mississippi, the amount of compensation the family can receive will depend on several factors, including the degree of fault assigned to the deceased person and the extent of the damages suffered by the family. For example, if the deceased person is found to be 10% at fault for the accident, and the damages are $1,000,000, the family would be entitled to recover $900,000 in compensation. On the other hand, if the deceased person is found to be 40% at fault, the family would be entitled to recover only 60% of the total damages.
In some cases, the family may be able to negotiate a settlement with the at-fault party’s insurance company. In these situations, the amount of compensation the family can receive may be affected by the level of fault assigned to the deceased person. It is important for families to work with an experienced wrongful death attorney who understands how comparative fault works in Mississippi and who can help them secure the maximum compensation possible.
Why You Need an Experienced Wrongful Death Attorney
Navigating a wrongful death case can be emotionally and legally challenging, especially when issues of comparative fault come into play. The process of determining fault and calculating compensation can be complicated, and it is essential to have an experienced attorney by your side to help you understand your rights and pursue justice.
An attorney who is well-versed in Mississippi’s wrongful death laws can help you gather the necessary evidence to build a strong case, present your claims effectively, and ensure that your family’s interests are protected. They can also help you negotiate with insurance companies, navigate settlement discussions, and represent you in court if necessary. Ultimately, having the right attorney can make a significant difference in the outcome of your case.
If you or a loved one has lost someone due to the negligence or fault of another party, it is important to consult with a wrongful death attorney as soon as possible. The team at Brad Morris Law Firm, PLLC, is here to help. We offer free consultations and are dedicated to fighting for the justice and compensation you deserve.
If you are dealing with a wrongful death case in Mississippi and need help understanding how comparative fault may impact your case, contact Brad Morris Law Firm, PLLC. Our team of experienced wrongful death attorneys can guide you through the legal process, protect your rights, and fight to secure the compensation your family deserves. Contact us today to schedule your free consultation.