Mississippi’s Comparative Negligence Rule and How it Affects Your Car Accident Case

If you’ve been in a car accident, then you’re surely looking for a settlement that fully compensates you for the value of your losses—especially if you don’t believe that you were at fault for the accident. But before you jump into the claims process, and certainly before you accept a settlement offer, it’s important to understand Mississippi’s car accident laws and how fault can impact the amount of damages that you may be able to recover.

As you navigate the claims process after a crash, keep in mind Mississippi’s comparative negligence rule. Here’s an overview of fault and liability laws in our state, as well as tips for maximizing your settlement after a crash:

What Is Comparative Negligence?

Each state has rules on the books that deal with how a plaintiff’s degree of fault in a civil case will impact their recovery. These rules fall into two categories: comparative negligence and contributory fault rules.

In a pure contributory fault or contributory negligence jurisdiction, a plaintiff’s degree of fault completely blocks their ability to recover damages. Indeed, if a plaintiff is found to be even one percent at fault for their injuries, they will be barred from recovering any compensation. An example of this might be a situation in which a drunk driver caused a crash, resulting in an injury to the driver of the other vehicle. Following an investigation, if the court finds that the other driver could have avoided the accident but for being distracted, then that driver will not be able to recover any compensation for their injuries, even though the drunk driver was primarily to blame.

In a comparative negligence jurisdiction, on the other hand, a party whose own fault contributed to their injuries can still recover compensation, but they are limited in how much compensation they can recover. For example, in some jurisdictions, a party who was contributory in their negligence may only be able to recover damages if their degree of fault was 50 percent or less; in other jurisdictions, a plaintiff can still recover damages even if they were 99 percent at fault for their injuries, but their damages award will be reduced in proportion to their degree of fault.

Mississippi has a pure comparative negligence system in place. Under this legal framework, a plaintiff in a civil claim can still recover compensation for their losses, even if they contributed to their injuries in some way; however, the defendant is only held liable for their proportion of negligence. For example, in a case where the defendant is found to be 60 percent at fault and damages in the case total $100,000, the plaintiff would only be able to recover $60,000 from the defendant.

How Mississippi’s Comparative Negligence Rule Can Impact Your Case

While the law in Mississippi allows you to recover compensation even if you contributed to your own injuries, it’s important to consider that any finding of negligence could significantly reduce your recoverable damages award. As such, if the insurance adjuster is alleging that you may be partially at fault for your injuries, you should be ready to defend yourself and reject a settlement offer that doesn’t fully compensate you. What’s more, you’ll need evidence to prove that the defendant’s negligence was the proximate cause of your accident. This means that you’ll need to prove that your injuries would not have happened but for the defendant’s actions. If you can’t prove this, then your damages award may be significantly reduced or denied altogether.

What to Know About Recovering Damages After a Crash

One of the most important things to know about recovering damages after a crash is that you deserve to be compensated in full for your injuries. If you are offered less than you think that you deserve, you have legal rights, including the right to reject the settlement offer. If you’re unsure what to do after a crash or how to get your maximum settlement award, it’s strongly recommended that you consult with a Mississippi car accident attorney.

An attorney will review your case for free and can represent you on a contingency fee basis. To help you recover the amount you deserve, your attorney can gather evidence, build your case, and represent you during negotiations.

While Mississippi’s comparative negligence law may allow you to recover compensation if you’ve contributed to your injuries through the negligence of your own, remember that an insurance adjuster may lowball your settlement offer. Always have your case reviewed by an attorney.