This article explains the key records you need to support a lost wage claim after an accident in Mississippi. Gathering clear, organized documentation strengthens your claim and helps insurers or a court verify your income loss.
Detailed Answer
1. Understand Your Burden of Proof
In Mississippi, you must prove your lost wages with reliable evidence. You need to show your income before the accident and how much you missed due to injury. Keep in mind Mississippi’s three-year statute of limitations for personal injury claims (Miss. Code Ann. § 15-1-49).
2. Core Pay Records
- W-2 Forms: Use the past year’s W-2s to establish your annual earnings. They show total wages and withholding.
- Pay Stubs: Provide pay stubs for the period immediately before and after your injury. Include the stub for your last check before the accident and all stubs while you recovered.
- 1099 Forms: If you work as an independent contractor or receive non-employee compensation, include relevant 1099-MISC or 1099-NEC forms.
3. Self-Employment Documentation
- Profit & Loss Statements: Share month-by-month profit and loss reports from your accounting software or spreadsheets.
- Business Bank Statements: Show deposits labeled with your service or product sales to prove your income flow.
- Invoices and Client Contracts: Provide copies of invoices billed and any service agreements to demonstrate projected earnings lost due to your injury.
4. Supplemental Records
- Federal and State Tax Returns: Use complete returns for the past two to three years to confirm consistent income patterns.
- Employment Verification Letter: Ask your employer to confirm your pay rate, hours typically worked, and dates of absence.
- Bonus, Commission, or Overtime Records: Include documentation that shows variable pay elements you regularly earned.
- Calendar or Diary Entries: Maintain a record of dates you missed work and any medical appointments that prevented you from working.
5. Organizing and Submitting Your Records
Label all exhibits clearly (Exhibit A – W-2, Exhibit B – Pay Stubs). Provide a summary chart that outlines each pay period, your normal earnings, and the earnings you actually received or lost. Submit both paper copies and, if requested, electronic scans of your documents.
Helpful Hints
- Always keep originals and give copies to your attorney or insurer.
- Request duplicate pay stubs from payroll if you’ve lost originals.
- Track any benefits you received (e.g., short-term disability) to avoid double recovery.
- Keep a running log of phone calls and emails with your employer and insurer regarding your wage claim.
- Consult an attorney early to know any insurer-specific documentation requirements.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your individual situation.