Mississippi Wrongful Death & Comparative Negligence

Losing a loved one in a Mississippi wrongful death comparative negligence case is devastating. Families face emotional pain, financial strain, and legal challenges. In Mississippi, these cases can become more complex when the other side claims the deceased was partly at fault. Understanding comparative negligence is critical to protect your family’s rights.

At The Diaz Law Firm, we help families in Jackson, Madison, and Gulfport fight for justice and fair compensation.

What Is Comparative Negligence in Mississippi Wrongful Death Cases?

Mississippi follows a pure comparative negligence system. In wrongful death cases, the court assigns a percentage of fault to each party.

• Even if the deceased is found 99% at fault, families may still recover 1% of damages from the other party.
• However, the total recovery is reduced by the percentage of fault assigned.

Example:

• Total damages: $500,000
• Deceased found 20% at fault
• Family recovers $400,000 (80% of damages)

As a result, understanding Mississippi wrongful death comparative negligence law is essential. You can read more on the Mississippi Judiciary’s official website: Mississippi Code § 11-7-15.

How Comparative Negligence Affects Mississippi Wrongful Death Lawsuits

Comparative negligence often becomes the main issue in Mississippi wrongful death claims. Insurance companies frequently use it to reduce payouts. Therefore, families must be ready for arguments that their loved one contributed to the accident.

Common Examples of Shared Fault

• Car Accidents – Another driver was drunk, but the deceased was speeding.
• Workplace Accidents – Employers ignored safety rules, but they claim the worker failed to wear protective gear.
• Medical Malpractice – A doctor made a fatal error, but the defense argues the patient did not follow instructions.

In each case, strong legal advocacy can stop unfair blame-shifting. According to data from the National Highway Traffic Safety Administration on road safety, driver error and risky behaviors remain leading causes of fatal accidents.

Why Evidence Is Crucial in Mississippi Wrongful Death Cases

Evidence plays a vital role in proving negligence. Strong proof reduces the chance of unfairly assigning fault to the deceased.

At The Diaz Law Firm, we collect and present:

• Police and accident reports
• Medical records and expert testimony
• Eyewitness statements
• Dashcam or surveillance footage
• Workplace safety and OSHA records

In addition, we often work with accident reconstructionists and medical experts. Their testimony strengthens your case and protects your family’s recovery.

The Role of a Wrongful Death Attorney in Comparative Negligence Cases

Insurance companies know how to use comparative negligence laws to limit payments. However, families with skilled lawyers can challenge these tactics.

At The Diaz Law Firm, we:

• Investigate the accident in detail
• Challenge unfair claims of fault
• Use experts to prove liability
• Negotiate aggressively with insurers
• Take cases to trial when needed

As a result, families have the best chance to secure fair compensation.

FAQs About Mississippi Wrongful Death Comparative Negligence

Can I still file a wrongful death claim if my loved one was partly at fault?

Yes. Under pure comparative negligence, you can recover damages even if your loved one shared responsibility. The amount will be reduced based on fault.

How do courts decide fault percentages?

Courts review reports, witness statements, expert analysis, and physical evidence. Because fault can be subjective, strong legal representation is essential.

Will insurance companies try to use comparative negligence against me?

Yes. Insurers often argue that the deceased was mostly at fault. In addition, they may use this claim to lower settlement offers.

What damages are available in a wrongful death case?

Families may recover medical expenses, funeral costs, lost income, pain and suffering, and loss of companionship. The amount depends on the facts of the case.

Speak With a Mississippi Wrongful Death Lawyer

If you’ve lost a loved one in Jackson, Madison, or Gulfport, you don’t have to face this difficult time alone. The Diaz Law Firm combines compassionate support with decades of legal expertise to help families navigate Mississippi wrongful death comparative negligence claims. We are dedicated to helping you seek justice and fair compensation while guiding you through every step of the process.

Call The Diaz Law Firm today at (601) 607-3456 or (800) 459-2222 for a free consultation, or contact us online to start your case. You pay nothing unless we win your case.