When a personal injury or wrongful death lawsuit is filed, the injured person or those who have lost a loved one are alleging that someone else is responsible for the incident that led to the injury or death and therefore should be liable to pay damages. Sometimes, multiple parties may be at fault and more than one party is sued, for example, a truck driver and a trucking company. But what happens when the injured or deceased person was also somewhat responsible for the accident? Are they or their family out of luck?
In Mississippi, the answer is that you can recover damages, but they will be reduced by how much at fault you were.
Mississippi: Recovery Reduced by Percentage of Fault
Mississippi, like 11 other states including Louisiana, has adopted what is known as a “comparative fault” rule, pursuant to which damages between negligent parties are apportioned based on their proportionate shares of fault. Under Mississippi Code § 11-7-15, a plaintiff’s negligence will not bar recovery of damages “but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured…” This means that even if a plaintiff is found to be 99% at fault, they can still recover damages representing that remaining 1%.
How a judge or jury apportions fault between a plaintiff and one or more defendants can be complicated and depends on the unique facts and circumstances of each case. Even if you believe that you or your loved one may have been at fault to some degree for an incident that led to a serious injury or death, in Mississippi you still may be able to recover damages from those who were also responsible. You should consult with an experienced Mississippi personal injury lawyer who can evaluate your case and discuss your options.
Rushing & Guice, P.L.L.C: Mississippi and Gulf Coast Catastrophic Personal Injury Lawyers
At Rushing & Guice, experienced, aggressive, and innovative legal services on the Gulf Coast are a phone call away. Call us at (228) 374-2313 or fill out our online form to arrange for a free, limited initial consultation. We look forward to hearing from you, and look forward to the opportunity to serve as your attorneys.