What Is Comparative Negligence in a Personal Injury Case?
When you’re injured in an accident, one of the first questions is usually: Who was at fault? Sometimes the answer is clear — for example, when another driver runs a red light and hits you. But other times, more than one person shares responsibility. This is where the legal concept of comparative negligence comes in.
How Comparative Negligence Works
Comparative negligence means that if you are partly responsible for an accident, the amount of compensation you can recover is reduced by your percentage of fault. The idea is simple: each party pays for their share of the blame.
Here’s an example:
Imagine you were hit by a driver who was texting and not paying attention. However, you were also speeding at the time.
A jury decides you were 20% at fault, and your damages (medical bills, lost income, pain and suffering, etc.) add up to $100,000.
Because of your percentage of fault, your recovery would be reduced by 20%, so you’d receive $80,000.
Without comparative negligence, the other driver’s insurance company might argue you shouldn’t recover anything at all. With it, you can still recover damages — just reduced by your share of responsibility.
Mississippi’s Rule: Pure Comparative Negligence
Every state handles fault differently. Some states bar recovery if you are more than 50% at fault. Others have stricter rules that prevent recovery if you are even slightly at fault.
Mississippi uses a “pure comparative negligence” rule. This means that even if you were 99% responsible for the accident, you could still recover damages for the 1% that wasn’t your fault. Of course, your compensation would be drastically reduced in that situation, but the law does not completely bar you from recovering.
This makes Mississippi one of the more plaintiff-friendly states when it comes to shared fault. It ensures that injured people can still seek compensation, even when their own actions played a role in the accident.
Why Comparative Negligence Matters
Comparative negligence can make a big difference in your case. Insurance companies often use it to reduce what they pay out. They may argue that you were partially at fault to cut down your recovery — sometimes unfairly.
That’s why it’s important to have a lawyer who understands how to push back against these arguments and present the strongest possible case for you. We gather evidence, talk to witnesses, and work to show that your share of responsibility is as small as possible.
Final Thoughts
If you’ve been hurt in an accident in Mississippi, you should know that comparative negligence may affect the outcome of your claim. The bottom line is this: even if you share some responsibility, you may still have the right to significant compensation.
