At TNT LAW, we are dedicated to helping injured Mississippians seek justice and compensation. One key factor that affects many personal injury cases in Mississippi is the state’s comparative fault rule. Understanding this rule is crucial when determining how much compensation you can recover after a car accident, truck wreck, or any other type of personal injury.

What is Comparative Fault?

In Mississippi, personal injury cases often involve determining who was at fault for an accident. Unlike states that follow a “pure contributory negligence” rule—where if you are even 1% at fault, you cannot recover any damages—Mississippi follows a pure comparative fault rule. This system allows individuals to recover damages even if they are partially at fault for the accident.

Here’s how it works: the court or insurance adjuster assigns a percentage of fault to each party involved in the incident. If you are found to be 30% at fault for a car wreck, for example, your total compensation will be reduced by 30%. So, if the total damages amount to $100,000, you would still be eligible to receive $70,000.

At TNT LAW, we have extensive experience in negotiating settlements and litigating cases where comparative fault plays a significant role. Our attorneys will work hard to minimize your percentage of fault and maximize your compensation.

How Comparative Fault Affects Personal Injury Cases

Mississippi’s comparative fault rule applies to various types of personal injury cases, including:

• Car Wrecks: In cases where more than one driver is at fault, comparative fault determines how much compensation each party can recover. For example, if another driver ran a red light, but you were speeding at the time of the accident, both parties may share responsibility.

• Trucking Accidents: Due to the size and complexity of commercial trucks, these cases often involve multiple parties such as the truck driver, the trucking company, or even a manufacturer. Comparative fault can be used to assign responsibility among all parties involved.

• Slip and Falls: Property owners have a duty to keep their premises safe. However, if you slipped and fell in a store but were distracted by your phone, the property owner may argue that you share some of the responsibility for the accident.

• Medical Malpractice: In medical malpractice cases, comparative fault can be used if the patient is accused of contributing to their injury by not following medical advice or failing to disclose critical health information.

Each case is unique, and our attorneys at TNT LAW will analyze the specific facts of your case to determine how comparative fault may impact your claim.

Why Comparative Fault Can Lower Your Compensation

While Mississippi’s comparative fault rule allows injured parties to recover damages even if they are partially at fault, it can also lower the amount of compensation you ultimately receive.

Here are a few scenarios where comparative fault might reduce your compensation:

1. Failure to Wear a Seatbelt: If you were injured in a car wreck but were not wearing a seatbelt at the time of the crash, the other party may argue that you contributed to the severity of your injuries.

2. Speeding: Even if another driver caused the accident, if you were speeding, your percentage of fault could be higher, reducing your compensation.

3. Ignoring Safety Warnings: In slip and fall cases, failing to notice a clearly marked “Wet Floor” sign could result in a shared fault determination.

Our team at TNT LAW has successfully helped clients navigate the complexities of comparative fault, ensuring they receive the compensation they deserve despite shared responsibility.

How We Can Help You with Comparative Fault Claims

Navigating Mississippi’s comparative fault rules can be challenging, especially when dealing with insurance companies that will try to maximize your percentage of fault to reduce their payout. At TNT LAW, we know these tactics and will fight hard to ensure your rights are protected.

We offer:

• Comprehensive Case Evaluation: Our attorneys will thoroughly investigate your accident to build a strong case that minimizes your share of the fault.

• Negotiation Expertise: We know how to negotiate with insurance companies to get you the compensation you deserve, even in comparative fault cases.

• Court Representation: If your case goes to trial, we will present compelling arguments and evidence to the court, working to minimize your percentage of fault and maximize your recovery.

Contact TNT LAW for a Free Consultation

If you or a loved one has been injured in Mississippi, it’s important to understand how comparative fault might affect your case. At TNT LAW, we are here to help. Contact us today for a free consultation, and let us fight for the compensation you deserve.