What Is Comparative Negligence?
While some accidents are the result of a single person’s negligence or misconduct, many occur due to myriad factors. Often, more than one person is to blame. Fault may be shared evenly between multiple parties but, more commonly, it can be attributed largely—but not entirely—to one party with another party sharing a smaller portion of the blame. When this is the case, who is responsible for the injured parties’ damages?
Mississippi follows what is known as a “rule of pure comparative negligence.” Under this rule, injured parties can file claims and seek compensation after an accident or injury-causing event even if they share some of the fault. This is true regardless of the degree of fault, as long as it is less than 100%. However, the plaintiff’s total recovery will be reduced by their at-fault percentage, meaning they will not be able to recover the full amount they could have received if they were not found partially to blame.
For example, imagine you were injured in an accident with someone who was texting while driving and ended up incurring $10,000 in damages. The texting driver ran a red light, crashing into the side of your car as you drove through the intersection. However, you were speeding to make the light when the collision occurred. As a result, the insurance company argues that you were 30% to blame for the accident. In this scenario, you would only be able to recover up to 70% of the total cost of your damages, or $7,000.
Often, the insurance company tries to overinflate the claimant’s degree of fault to avoid paying out the full amount owed. It is important that you speak to an attorney before accepting any settlement offer or signing anything provided to you from the insurance company. Your attorney can determine whether the insurance adjuster’s valuation of your claim is just and, if not, can negotiate a more favorable settlement. If necessary, your attorney can even pursue litigation and represent you at trial.