Mississippi Pure Comparative Negligence Calculator

Mississippi has never had a fault cutoff — a rule dating back to 1910, one of the oldest of its kind in the country. See exactly what your fault percentage means for your recovery.

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See what your fault percentage means

Enter your estimated damages and your best estimate of your own share of fault. In Mississippi, there's no percentage that eliminates your recovery entirely.

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No bar, no matter how high your fault

Under Miss. Code § 11-7-15, "contributory negligence shall not bar recovery" — instead, any damages awarded are simply diminished by the jury in proportion to the negligence attributable to the injured person. There is no percentage threshold at all. A claimant found 90% at fault still recovers 10% of their total damages; a claimant found 99% at fault still recovers 1%.

One of the oldest laws of its kind in the country

Mississippi was among the earliest states in the nation to adopt comparative negligence, passing a broad statute in 1910 that applied to all types of negligence actions — making § 11-7-15's lineage genuinely one of the oldest of its kind nationally, well over a century old at this point.

Worked example

Someone with $100,000 in damages, found 30% at fault, recovers $70,000. That same person, found 70% at fault, still recovers $30,000. Even found 99% at fault, that same person recovers $1,000 — a genuinely meaningful difference from a modified comparative state, where crossing a 50% or 51% threshold would reduce that same claimant's recovery to zero.

A specific, protective carve-out: seat belt non-use

Mississippi law includes a distinctive protection worth knowing: under Miss. Code § 63-2-3, a claimant's failure to wear a seat belt cannot be used as evidence of contributory or comparative negligence in a Mississippi personal injury case, regardless of how that failure might otherwise have affected the severity of the injuries.

A cap worth knowing about non-economic damages

Separately from the comparative negligence analysis, non-economic damages — pain, suffering, and diminished quality of life — are generally capped at $1,000,000 in most Mississippi personal injury cases under Miss. Code § 11-1-60(2)(b), a limit that applies regardless of the fault percentages involved.

Mississippi pure comparative negligence — frequently asked questions

Does Mississippi bar recovery at any fault percentage?

No. Under Miss. Code § 11-7-15, Mississippi follows pure comparative negligence — a claimant can recover damages even if found 99% at fault, reduced proportionally by their own percentage.

How old is Mississippi's comparative negligence law?

Mississippi was among the earliest adopters nationally, passing a broad comparative negligence statute in 1910 that applied to all types of negligence actions — making it one of the oldest laws of its kind in the country.

Can failure to wear a seat belt be used against me in Mississippi?

No. Miss. Code § 63-2-3 specifically prohibits using a failure to wear a seat belt as evidence of contributory or comparative negligence.

Is there a cap on non-economic damages in most Mississippi personal injury cases?

Yes. Non-economic damages are generally capped at $1,000,000 in most Mississippi personal injury cases, under Miss. Code § 11-1-60(2)(b).

How many states use a pure comparative negligence system like Mississippi?

Roughly a dozen states, including Mississippi, California, New York, and Alaska, use some form of pure comparative negligence, while more than 30 states use a modified version with a fault-percentage cutoff.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Mississippi statute (Miss. Code § 11-7-15, § 63-2-3, § 11-1-60) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Mississippi attorney before acting.