Understanding Comparative Fault: Can You Still Recover if You Were Partially at Fault?
After an accident, many injured individuals assume they cannot recover compensation if they share some of the blame. In Mississippi, that assumption is incorrect. The state’s pure comparative fault system allows injured victims to recover damages even when they are partly at fault.
At Espy Law, we help clients throughout Jackson and across Mississippi pursue fair compensation by ensuring that every responsible party is held accountable.
What Comparative Fault Means
Comparative fault, also referred to as comparative negligence, determines how damages are divided when more than one person contributes to an accident. Under this legal principle, each party’s actions are assigned a percentage of fault. Compensation is then reduced based on that percentage, but recovery is still possible.
For example, if your total damages equal $100,000 and you are found 25 percent at fault, you can still recover $75,000. The key is that Mississippi law does not completely bar compensation due to shared fault. Section 11-7-15 of the Mississippi Code states that “contributory negligence shall not bar recovery,” which ensures fair outcomes for injured individuals. You can review the full text of this law through the Mississippi Legislature’s website.
Our personal injury attorney helps clients interpret these laws and apply them effectively when pursuing claims involving shared responsibility.
How the Rule Works in Mississippi
Mississippi uses a pure comparative fault system, meaning you can recover compensation even if you are primarily responsible for an accident. If a judge or jury determines you were 80 percent at fault, you can still receive 20 percent of your total damages. This differs from other states that follow modified systems, where exceeding a certain percentage of fault prevents recovery altogether.
This legal structure provides significant protection for injury victims. Even if your actions contributed to the event, you are still entitled to seek fair compensation for medical expenses, lost income, and other damages. Our injury attorney ensures that fault is allocated accurately and supported by evidence.
Determining Fault in a Personal Injury Case
Determining each party’s level of responsibility depends on the facts and available evidence. Courts and insurance companies typically review:
- Police or incident reports
- Witness statements
- Photographs and video evidence
- Medical records and expert evaluations
- Property and vehicle damage documentation
Because insurance carriers often try to inflate an injured person’s share of fault, having legal representation is essential. Our personal injury lawyer in Mississippi evaluates every piece of evidence to make sure your role in the incident is assessed fairly and accurately.
Common Scenarios Involving Shared Fault
Comparative fault applies to many of the personal injury cases our firm handles. Some of the most common examples include:
- Car collisions where both drivers made errors, such as speeding or failing to yield
- Slip-and-fall incidents where the victim was distracted, but the property owner failed to provide proper warnings
- Workplace accidents involving unsafe equipment or insufficient training
- Pedestrian injuries occurred when a driver was distracted, but the pedestrian crossed outside a designated area
Each case requires careful review to determine how the law applies. Our car accident lawyer in Mississippi examines every aspect of a claim to determine how fault should be apportioned among all parties involved.
How Comparative Fault Affects Compensation
Once the fault is determined, the financial impact becomes clear. If you are partially responsible for an accident, the total value of your case is reduced by your assigned percentage of fault. However, this reduction does not erase your right to recover.
For instance, if your injuries resulted in $200,000 in damages and you were found 40 percent at fault, your recovery would be $120,000. Even with partial responsibility, this compensation can help cover extensive medical care, rehabilitation, and loss of earnings.
Our accident lawyer works to minimize your percentage of fault so you receive the maximum amount allowed by law.
Multiple Parties and Comparative Liability
In many personal injury cases, multiple parties share fault. Mississippi law allows the court to divide responsibility among all defendants based on each one’s degree of negligence. This rule ensures that no single person or company bears an unfair share of liability.
For example, if a commercial truck accident involves the driver, the trucking company, and the maintenance contractor, each may be held accountable for their respective roles. This structure helps injured victims pursue full recovery from all responsible entities. You can learn more about how our firm handles these cases by visiting our personal injury practice page.
How Evidence Influences Fault
In cases involving shared responsibility, evidence plays a critical role in determining fault. Our attorneys focus on collecting and presenting strong documentation that supports your position. This includes traffic camera footage, expert reconstructions, and medical opinions.
The goal is to demonstrate that while you may share some responsibility, the other party’s negligence remains the primary cause of your injuries. This approach helps ensure that your recovery is not unfairly reduced. Our team uses this strategy in all comparative fault cases handled by our firm.
The Importance of Legal Guidance
Attempting to handle a comparative fault case without professional guidance can result in a lower recovery or even a denied claim. Insurance companies frequently argue that an injured person’s fault is greater than it truly is. Our attorneys at Espy Law counter these tactics through investigation, documentation, and negotiation.
Working with our personal injury attorney ensures that your rights remain protected throughout every stage of your case. If necessary, we are prepared to take your claim to court to achieve the outcome you deserve.
What to Do After an Accident
After an accident, specific actions can strengthen your future claim and minimize disputes over fault:
- Seek medical attention immediately.
- Report the incident to law enforcement or property management.
- Gather photos, videos, and witness contact information.
- Avoid making statements about fault at the scene.
- Contact our firm before speaking with any insurance adjuster.
These steps allow our injury team to begin building your case on a strong foundation.
Protecting Your Right to Compensation
Being partially at fault for an accident does not mean you must forfeit compensation. Mississippi law protects your right to recover damages based on each party’s level of negligence. At Espy Law, we work diligently to ensure that comparative fault is applied fairly and that your compensation reflects the facts of your case.
If you were injured and believe you share some responsibility, our personal injury attorney can guide you through the claims process and pursue the recovery you deserve. Visit our contact page to schedule a free consultation and learn how we can help you secure a fair resolution.
