How Lost Wages Affect Your Personal Injury Claim

Personal Injury Claims and Lost Wages

Georgia law recognizes that if you are hurt in an accident and unable to work, you may recover money for your lost wages. These lost wages are treated as “special damages,” which means you have to show clear proof of how much income you missed out on. If you cannot supply strong evidence—such as pay stubs, tax returns, or reliable testimony—a jury might consider your claim too uncertain to award damages.

Proving lost wages usually involves showing how much money you made before you got hurt and how the injury kept you from earning that same amount. If you work for an employer, wage and tax records can help. If you are self-employed or run your own business, you can use invoices, past earning statements, or profit-and-loss records. Georgia courts allow some flexibility in calculating lost wages, but you must still show that your injury was the reason you were unable to earn money.

For future income losses, Georgia law separates two ideas: future lost wages and diminished earning capacity. Future lost wages often require you to show a specific amount of income you would have made if you had not been injured. In other words, you need fairly exact proof—such as a signed job contract or a guaranteed offer of employment—for a jury to decide how much to award. Diminished earning capacity is different. It focuses on how your injury lowers your long-term ability to earn money. Even if you do not have exact numbers, you can still recover damages if you prove the injury limits your potential to find higher-paying jobs or advance in your career. A high school student who suffers a permanent injury but does not have a strong work history is a good example of someone who might claim diminished earning capacity.

Georgia law also recognizes “diminished capacity to work” as a type of general damage, which is separate from lost wages. General damages cover pain, suffering, and other harms that are not easy to put in dollar terms. Sometimes a jury’s verdict includes both general and special damages without spelling out how much money went to each category. If there is enough proof to support at least one type of damage, a court may allow the jury’s award to stand.

No matter which type of lost income you are seeking, you must show that the accident was the direct cause of your injury and your reduced ability to earn a living. If another factor caused you to lose wages—or if your proofs are so unclear that the jury can only guess—then your claim for lost income may fail. However, if you can offer a reasonable basis for a jury to calculate your losses, the law allows for some uncertainty. Juries understand that injuries often make it difficult to figure out exact dollar amounts, but your testimony, income records, and expert opinions can give them enough information to make a fair award.

If you have questions about making a lost wages or diminished earning capacity claim in Georgia, it can be helpful to speak with a personal injury attorney. An experienced lawyer will guide you through gathering the right evidence, meeting court requirements, and presenting your case so you have the best chance of recovering the compensation you need.