Mississippi’s comparative fault law affects how much money accident victims in Jackson can recover in compensation when they are partially to blame for their injuries.
It is one critical reason why it is so important to have experienced legal support from Mama Justice – MW Law Firm after an accident.
Our Jackson personal injury lawyers are ready to fight like a mother for you.
Let us look out for your interests and push back against the insurance company’s attempts to shift the blame onto you to avoid paying you fairly.
How Does Fault Impact Compensation in Personal Injury Claims in Jackson, Mississippi?
In most Jackson personal injury claims, the party who causes an accident must pay for the injuries and related losses that result. That includes fair compensation for damages like medical expenses, lost wages, pain and suffering, emotional distress, and property repair costs. The law holds people responsible when their actions harm someone else.
For example, if a person drives carelessly and causes a crash, they and their insurer must pay for the harm that results. If someone fails to act safely and someone else gets hurt, the at-fault party becomes legally responsible for the cost of the harm they caused. Every injury case works differently in Jackson, Mississippi, but in general, proving fault plays a key role in getting compensation from an insurance claim or lawsuit.
What Is Mississippi’s Comparative Fault Law?
Mississippi’s pure comparative fault system affects how much money you can recover if the court decides you were partially responsible for your injuries. If the court finds that you share a percentage of the blame, the amount you can recover decreases based on that percentage. For example, if you are 25 percent at fault, the total amount of compensation you can still recover decreases by 25 percent under Mississippi law.
Unlike in some other states, you can still recover compensation even if you hold most of the blame. There is no minimum or maximum cutoff. The court reduces compensation based on its finding of comparative negligence.
Insurance companies often use the comparative fault rule in an attempt to lower their payments by arguing that injured parties share more of the blame. That is why it is so important to work with an experienced attorney if the at-fault party accuses you of contributing to the accident that hurt you in Jackson, Mississippi.
Common Scenarios Where Comparative Fault Applies
The following examples show some scenarios in which comparative fault might apply in a personal injury claim in Jackson, Mississippi:
- Rear-end car accident claims – One driver hits another from behind but argues that the leading driver stopped suddenly and their brake lights failed to come on.
- Pedestrian accident lawsuits – A driver strikes someone crossing the road and claims the pedestrian ignored a red light or walked outside the crosswalk.
- Slip-and-fall claims – A customer falls on a wet grocery store floor, and the store’s attorney blames the fall on the customer’s footwear or failure to notice a warning sign.
- Motorcycle collisions – A vehicle pulls into the path of an oncoming motorcycle, then alleges the rider was speeding or failed to turn on their headlight.
- Worksite accidents – Equipment left in a walkway injures a subcontractor, and the general contractor argues the injured person ignored warnings or did not follow safety instructions.
- Dog bite claims – A person suffers injuries from a dog bite, but the owner claims the person provoked the animal or entered private property without permission.
Who Assigns Fault in a Personal Injury Lawsuit?
In Jackson personal injury cases, the party that assigns fault depends on whether the case stays with the insurance company or goes to court.
In an insurance claim, the insurance adjuster looks at the facts and decides who the insurance company believes is to blame. They review incident reports, witness statements, photos, and other evidence to determine how much money, if any, they think the insurance company should pay.
If negotiations fall through and you file a personal injury lawsuit, the court takes over. The court listens to both sides, reviews the evidence, and assigns fault based on what it finds. The court’s decision affects how much compensation the injured person should receive from the at-fault parties.
What If the Insurance Company Blames Me?
Some insurance companies try to reduce what they owe by blaming injured claimants for causing their own injuries. They might suggest that you did not follow safety rules, pay attention, or take steps to avoid getting hurt. Even if that is not true, they might still use the argument in an attempt to cut their costs. The tactic can affect how much the adjuster offers, or whether they offer anything at all.
If an insurer tries to blame you for your own injuries, you should contact our Jackson personal injury lawyers right away. An attorney from Mama Justice can step in, look at the facts, and protect your rights. The longer you wait to respond, the harder it can be to correct false claims. Swift action on your part gives your lawyer more time to challenge unfair accusations before they affect the outcome of your case.
Why You Need a Lawyer from Mama Justice
If someone tries to blame you for your personal injuries in Jackson, Mississippi, you need legal representation from a team that will not back down. At Mama Justice, we stand firm and fight like a mother for what is fair. We give every claim our full attention from start to finish and never treat our clients like just another case file.
When you come to us for help, we listen, learn your story, and develop a legal strategy just for you. Our attorneys use their considerable legal skills to protect your rights and push back against unfair fault determinations. While we handle the legal side of things, we can connect you with doctors, therapists, and other professionals to support your recovery beyond the courtroom.
As the fastest-growing, female-owned law firm in the United States with 400+ five-star reviews from satisfied clients, we have earned the trust of people across Mississippi. We do not cut corners, and we do not give up. We treat you like family and fight for what you deserve.
Contact an Injury Claim Lawyer in Jackson, Mississippi
Dealing with an injury is stressful enough without having to fight over who caused it. If someone tries to blame you for your injuries from an accident in Jackson, Mississippi, get in touch with Mama Justice right away for your free consultation session.
Our skilled legal team of experienced Jackson personal injury attorneys knows how to handle tough cases and unfair accusations. We will listen to your side of the story and fight like a mother for the maximum compensation you are due.