The Intricacies of Mississippi’s Comparative Negligence Law: An In-depth Review
Jackson, the capital city of Mississippi, is renowned for its rich history and vibrant cultural scene. However, amidst the buzz of the city, accidents can and do happen, often leading to personal injury lawsuits. One aspect of personal injury law in Jackson that is critical to understand is Mississippi’s Comparative Negligence Law.
Unraveling Comparative Negligence in Mississippi
Mississippi follows a pure comparative negligence rule, outlined in Section 11-7-15 of the Mississippi Code. According to this statute, if a person is injured in an accident and found to be partly at fault, their compensation will be reduced by the percentage of their fault. This principle holds true even if the injured party is 99% responsible for their own injuries.
For example, if someone is awarded $100,000 in a car accident case, but they were found to be 30% at fault, they will receive $70,000 after a 30% reduction.
Implications of Comparative Negligence Law on Personal Injury Lawsuits
A major implication of the comparative negligence law in Mississippi is that it can significantly impact the compensation an injured party may receive. If the plaintiff is found to be even slightly at fault for the accident, their potential award will be diminished. Consequently, this law adds complexity to personal injury cases in Mississippi and can significantly affect their outcomes.
The Controversy Surrounding Mississippi’s Comparative Negligence Rule
There’s an ongoing debate about the fairness of Mississippi’s Comparative Negligence Rule. Detractors argue that it can potentially victimize the injured party, especially in cases where the defendants have more resources to argue for a higher percentage of fault on the plaintiff’s part. Supporters, on the other hand, believe that it promotes personal responsibility and discourages frivolous lawsuits.
How a Lawyer Can Help
When navigating the intricacies of Mississippi’s Comparative Negligence Law, legal counsel is indispensable. A skilled personal injury lawyer can gather evidence, effectively argue the extent of the plaintiff’s fault, and work towards securing fair compensation.
In essence, while the law allows plaintiffs to seek compensation even when they are partially at fault, the challenge is to accurately determine the percentage of fault that each party bears. It’s a daunting task to negotiate these legal complexities without a deep understanding of the law, which is why hiring a lawyer can prove to be instrumental in such cases.
The legal consequences of a collision can be serious. Make sure to get in touch with an accident lawyer at the Law Offices of Malouf and Malouf, PLLC right after an accident to get proper support.
Reach them at:
Law Offices of Malouf & Malouf, PLLC – Jackson Car Accident Attorney
501 E Capitol St, Jackson, MS 39201 View Map
Main (601) 522-2222