Detailed Answer
Mississippi law allows you to recover lost wages as part of your economic damages when another party’s negligence or intentional act injures you. Lost wages compensate you for income you actually lost and any future income you likely will lose because of your injury. Courts quantify lost wages by examining reliable records that demonstrate your earnings before and after the injury.
The following types of income typically qualify as lost wages under Mississippi law:
- Salary or Hourly Pay: Your regular base pay before taxes and deductions.
- Overtime Pay: Compensation for hours you worked beyond your normal schedule.
- Bonuses and Commissions: Performance-based pay you anticipated receiving.
- Self-Employment Earnings: Net profits from freelance work or your own business.
- Paid Time Off: The cash value of vacation, sick leave, or personal days you lost.
- Retirement Contributions and Benefits: Employer contributions tied to your income, such as 401(k) matches or pension accruals.
- Profit Distributions: Dividends or other distributions you would have received as an owner or partner.
Mississippi courts rely on documents like pay stubs, tax returns, business ledgers and employer records to calculate both actual and projected lost earnings. For guidance on measuring lost earnings, see Mississippi Pattern Jury Instructions Civil Section 3.01 (Lost Earnings). Common law decisions such as Braughton v. Ashton, 964 So.2d 536 (Miss. Ct. App. 2007), confirm that economic damages include all quantifiable income losses.
Helpful Hints
- Gather detailed pay records: pay stubs, W-2s, 1099s and tax returns.
- Track missed hours and any post-injury work restrictions.
- Document unused paid time off balances (vacation, sick leave).
- Consult an accountant or vocational expert to project future lost earnings.
- Maintain business ledgers and profit-and-loss statements for self-employment income.
- Consult a qualified attorney early to preserve evidence and accurately calculate damages.
Disclaimer: This article provides general information about Mississippi law and does not constitute legal advice. For advice about your specific situation, consult a licensed attorney.