Schedule Your Free Consultation
What If I'm Partially at Fault for My Injuries?

What If I’m Partially at Fault for My Injuries?

Mississippi's Pure Comparative Negligence Law Explained

Mississippi uses pure comparative negligence rules when determining liability and damages in personal injury claims. This rule means your total damages will be reduced in a percentage equal to your liability percentage. The more liable you are for your accident and injuries, the less you can hope to recover.

For example, you were eating a burrito in your car while driving on the highway when a drunk driver crashed into you. After filing your claim, the opposing insurance company says you are partially to blame for the car accident because you were distracting yourself with your food. Later, it is determined that you are 20% liable. Your damages totaled $100,000, so your final award would be $80,000, which is $100,000 minus 20% (reflecting your liability percentage).

Why Filing at 99% Liability Sometimes Matters

Pure comparative negligence rules can seem unfair at times, but they can also be extremely friendly to claimants and plaintiffs in certain scenarios, too. In Mississippi, you can still file an injury claim or lawsuit against the other party even if you are determined to be 99% liable for your accident and injuries. You might think at first that pursuing a claim when the other party is only 1% liable will be fruitless but think again.

Imagine that you were texting behind the wheel when you got into an accident with a commercial truck, driven by a trucker who was adjusting the radio at the time. Your car is totaled, and you are catastrophically injured. The big rig has only been dented and the trucker is unharmed. It is decided that you are 99% liable for the crash.

However, the truck driver’s damages are $1,000 for some basic fender repairs while your damages are $2,000,000 due to the lifelong consequences of your injuries. In this situation, the trucker could sue you for 99% of $1,000, which is $990. But you can sue the trucker for 1% of $2,000,000, which is $20,000 – not a sum that you should just leave on the table. Your maximum recovery, in this case, could be $19,010, which is $20,000 minus the $990 you are found to owe the defendant. Yes, this amount is not much compared to $2,000,000, but every penny counts, especially after being in a severe accident.

Fighting for Every Cent You Deserve

‘Maggio | Thompson, LLP in Jackson, Mississippi can help you bring a personal injury claim against any party that caused you harm in a variety of accident types. Even if you are partially at fault for your injuries, it might be worth pursuing compensation. We can help you figure out your options during a free, confidential consultation that you can schedule by dialing (601) 265-6869 now.

It’s What We Share 

That Helps Real People Like You Recover
  • Honest, Hard-Working, and Dependable

    “I have relied on Mike and Seth both personally and professionally for years.”

    - Mike R.
  • I Wholeheartedly Recommend

    “It's rare to find a firm with the level of commitment, energy and passion that 'Maggio Thompson brings to each case.”

    - Travis B.
  • Would highly recommend to anyone.

    “Great Law Firm that will go above and beyond”

    - Kaleb L.
  • Thanks for everything

    “Mike is extremely professional and keeps you very informed of everything”

    - Amy W.
  • Mike and Seth Went the Extra Mile!

    “2 different lawyers turned a family member down, but not Mike and Seth.”

    - Lee R.
  • The National Trial Lawyers - Top 100
  • The National Trial Lawyers: Motor Vehicle Trial Lawyers
  • Super Lawyers
  • America's Top 100 Attorneys
  • AAJ
  • National Academy of Personal Injury Attorneys - Top 10
  • American Institute of Personal Injury Attorneys - Top 10
  • The National Trial Lawyers Top 40 Under 40

Getting Results

It's What We Do
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.