Types of Negligence in Wrongful Death Claims

Types of Negligence in Wrongful Death Claims

There are a lot of different factors that can muddle a claim for wrongful death. One popular complication is when more than one person is considered to be responsible for the deadly incident.

Broadly speaking, it is conceivable to file a claim for wrongful death even if the departed was partly responsible, however, the total amount of damages awarded will likely be decreased by their assigned percentage of the blame.

Types of Negligence

Types of Negligence in Wrongful Death Claims

Contributory negligence applies to the victim’s own negligent behavior that played a part in causing the tort. When a wrongful death or a personal injury claim involves contributory negligence, depending on the state in which the incident occurred, the court may handle the issue in one of four ways.

Pure Contributory Negligence Law

In states with a pure contributory negligence law, plaintiffs are precluded from recovering anything should the victim be found so much as 1 percent accountable for the accident that caused their demise. 

Mississippi’s Pure Comparative Fault Law

Mississippi has a pure comparative fault law. According to this law, plaintiffs can still have a legal right to financial compensation even if the victim’s own carelessness was a contributing factor. The settlement they finally recover, however, will be diminished by the dead’s own portion of accountability.

Modified Comparative Fault Law

The third method of dealing with contributory negligence is the modified comparative fault law. In the states that abide by this method, the settlement award is also decreased by the deceased’s own portion of the blame. If the victim is determined to be more than 50 percent responsible, the plaintiff is prohibited from receiving any financial compensation at all.

Slight/Gross Negligence Comparative Fault Law

The fourth method, the slight/gross negligence comparative fault system, is only used in one state, South Dakota, and prevents plaintiffs from receiving a settlement if their behavior constituted anything more than slight negligence.

If you or a member of your family has been involved in a car accident, attorneys at Germany Law Firm, PLLC are in your corner. We have the experience and the knowledge necessary to help you obtain the financial compensation to which you are entitled. 

With decades of legal practice, our skilled, Mississippi-based attorneys know exactly what it takes to win your case. Our attorneys are proud of their outstanding performance histories and distinguished reputations.

If you have recently been injured due to the negligence of another, then we firmly encourage you to speak with a qualified Mississippi personal injury attorney by giving us a call at (601) 487-0555 and scheduling an appointment for a  free case evaluation so that we can advise you on the best course of legal action for your situation.