Personal injury cases can be quite tricky to handle, especially when more than one party is involved. In such scenarios, the concept of comparative negligence is often brought into play. This article will help you understand what comparative negligence is, how it works in personal injury cases, and its application in Mississippi.
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What is Comparative Negligence?
When it comes to personal injury lawsuits, comparative negligence is a legal concept that is used to determine the degree of fault of each party in an accident. This concept is applied in situations where the victim may have contributed to the accident to some extent. Comparative negligence is also known as comparative fault and has different variations, such as pure comparative negligence and modified comparative negligence.
Pure Comparative Negligence
In pure comparative negligence, the damages awarded to a plaintiff in a personal injury case are determined by assessing the degree of fault of each party. A plaintiff can still recover damages even if they are found to be 99% responsible for the accident. If the plaintiff is found to be partially at fault, their damages award will be reduced by the percentage of fault they are assigned.
Modified Comparative Negligence
Modified comparative negligence operates differently from pure comparative negligence. In cases where the plaintiff is found to be equally or more at fault than the defendant, they cannot recover any damages. In Mississippi, the modified approach is used to determine fault in personal injury cases.
How Comparative Negligence Works in Mississippi
Mississippi follows a modified comparative negligence approach where damages are awarded based on the percentage of fault assigned. In Mississippi, a plaintiff cannot recover damages if they are found to be 50% or more at fault for the accident. If the plaintiff is less than 50% at fault, their damages will be reduced by the percentage of their fault.
For example, if a plaintiff is awarded $100,000 in damages, but is found to be 25% at fault, their damages award will be reduced to $75,000. However, if the plaintiff is found to be 50% or more at fault, they cannot recover any damages.
Contributory Negligence
It is important to note that Mississippi is a contributory negligence state. This means that if the plaintiff is found to be even 1% at fault for the accident, they cannot recover any damages. This is different from comparative negligence, where the plaintiff can still recover damages even if they are found to be partially at fault.
Conclusion
In conclusion, comparative negligence is an important concept in personal injury law. It is used to determine the degree of fault of each party in an accident, and the damages awarded to the plaintiff are based on the percentage of the plaintiff’s fault. In Mississippi, a modified comparative negligence approach is used, and the plaintiff cannot recover damages if they are found to be 50% or more at fault. Finally, it is important to keep in mind that Mississippi is a contributory negligence state, which means that even a small degree of fault on the plaintiff’s part can result in no damages being awarded.