Understanding Comparative Fault in Mississippi Personal Injury Cases
At The Stubbs Law Firm, we represent people across Mississippi who’ve been injured due to someone else’s negligence. One of the most common questions we hear from clients is: “Can I still file a personal injury claim if I was partially at fault for the accident?” In many cases, the answer is yes—and that’s because Mississippi follows the legal doctrine of pure comparative fault.
Understanding how this law works is key to knowing your rights after a car accident, slip and fall, truck wreck, or any other injury caused by negligence. In this guide, we’ll explain what comparative fault means, how it could impact your compensation, and why having experienced personal injury attorneys on your side can make all the difference.
What Is Comparative Fault?
Comparative fault—sometimes called “comparative negligence”—is a legal rule used to determine how much each party is responsible for an accident. Instead of placing 100% of the blame on one person, the court or insurance company may assign percentages of fault to each party involved. Your compensation is then reduced by your percentage of fault.
Mississippi uses a pure comparative fault system. That means you can still recover damages even if you were 99% at fault, although your compensation will be reduced accordingly.
Example of How Comparative Fault Works
Let’s say you’re involved in a car accident and suffer $100,000 in damages. If it’s determined that the other driver was 70% at fault and you were 30% at fault, your compensation would be reduced by 30%. That means you’d still receive $70,000.
Even though you share some responsibility, the law still allows you to recover a significant portion of your losses.
Why Insurance Companies Use Comparative Fault Against You
Insurance companies love to use comparative fault to limit how much they pay. They may try to exaggerate your role in the accident or shift blame to reduce their own financial responsibility. That’s why you need a skilled legal team like us at The Stubbs Law Firm.
We know their tactics. We know the law. And we don’t back down when your recovery is on the line.
What Kinds of Cases Involve Comparative Fault?
Comparative fault can come into play in virtually any personal injury case, including:
Car accidents – Example: You were speeding, but the other driver ran a red light.
Truck wrecks – Example: A truck driver was over hours, but you may have been distracted.
Slip and falls – Example: A store failed to clean a spill, but you were looking at your phone.
Premises liability – Example: A property owner had unsafe stairs, but you weren’t using the handrail.
Workplace injuries – Even if you made a mistake on the job, you may still be entitled to compensation.
In each case, fault can be shared—and so can the financial consequences. That’s why having strong representation is critical.
How We Build a Strong Comparative Fault Case
At The Stubbs Law Firm, we dig into the facts of your case to protect your rights. Here’s how we approach comparative fault:
Investigation – We gather evidence like surveillance footage, accident reports, witness statements, and expert analysis.
Claim Defense – We push back hard when insurance companies try to overstate your share of fault.
Clear Communication – We help you understand how fault is determined and what it means for your recovery.
Strategic Negotiation – We fight for maximum compensation while minimizing your assigned percentage of fault.
Our goal is simple: make sure you walk away with the most money possible under Mississippi law.
Why Choose Us as Your Personal Injury Attorneys in Mississippi?
We don’t just know Mississippi’s personal injury laws—we use them every day to help people like you. Whether you’re up against an insurance company, a trucking company, or a careless property owner, you can count on us to:
Treat your case like it matters—because it does
Handle the legal headaches while you focus on healing
Push for every dollar you deserve
Even if someone tells you you’re partly to blame, don’t give up. Give us a call instead.
Talk to The Stubbs Law Firm Today
If you’ve been injured in Mississippi and worry that you may be partially at fault, don’t let that stop you from seeking justice. The Stubbs Law Firm is here to help you understand your rights and fight for your future.
Call us today or contact us online for a free consultation. Let’s get you the compensation you deserve—fault and all.
