At Ross Moore Law, we are a personal injury firm based in Atlanta, Georgia, dedicated to representing individuals who have been injured due to the negligence of others. Led by founding attorney Ross Moore, our firm handles a variety of accident and injury cases, including car accidents, truck accidents, motorcycle accidents, and wrongful death claims. We pride ourselves on providing high-quality legal representation and advocating fiercely for accident victims to recover maximum compensation.
If you missed work after a car accident in Georgia, you may be entitled to recover lost wages through a personal injury claim. Whether you are a full-time employee, hourly worker, or self-employed, knowing how to calculate lost wages is key to receiving fair compensation.
In this blog, we explain how to calculate lost wages after a car accident in Georgia, what documentation you need, who can make a claim, and how working with an experienced Atlanta car accident attorney can help you recover the full amount you’re owed.
What Are Lost Wages?
Lost wages are the income you did not earn because of injuries sustained in a car accident. This section explains what counts as lost wages and how they relate to your personal injury claim.
Base Pay and Hourly Wage
Your regular paycheck is the foundation of your lost wages claim. This includes your base salary or hourly wage. If you missed work because of medical treatment, recovery, or disability caused by the accident, the pay for those missed hours or days is considered lost income.
Sick Days and Vacation Time
If you used paid time off to cover missed workdays, you can include that in your lost wages. Sick days, vacation days, and personal days all hold monetary value. You had to use them because of the injury, not by choice, and that makes them part of your total lost wages.
Bonuses and Overtime
Many people rely on bonuses, commissions, or overtime as part of their income. If your injury caused you to miss chances to earn extra pay, you can include that in your lost wages calculations. Pay records and employer statements can help prove this part of your claim.
Lost Benefits and Fringe Compensation
Some jobs offer benefits like health insurance contributions, retirement matching, or performance perks. If your time away from work caused you to lose these benefits, that counts as lost compensation. These benefits have value and should be considered when calculating your lost wages.
Self-Employed Income
Self-employed individuals can also claim lost income. This may include client payments, project fees, or service revenue you missed because of the accident. You will need tax returns, invoices, or bank records to support your claim.
Future Lost Wages
In some cases, the injury may reduce your ability to work in the future. This is called lost earning capacity. If supported by medical records and expert analysis, you may claim future lost wages as part of your personal injury case.
Who Can Claim Lost Wages After a Car Accident?
Not everyone qualifies for a lost wages claim. This section outlines who is eligible to seek compensation for lost income after a car accident in Georgia.
Injured Drivers and Passengers
If you were injured in a car accident caused by another driver, you can claim lost wages. This applies whether you were driving or riding as a passenger. You must show that the injury kept you from working and that the other driver was at fault.
Full-Time and Part-Time Employees
Both full-time and part-time employees can claim lost wages. Whether you are paid a salary or an hourly wage, you are entitled to recover income lost due to missed work. You will need to provide pay stubs, tax returns, or an employer letter to prove your income.
Self-Employed Individuals
Self-employed workers, freelancers, and independent contractors can also claim lost income. You must show how the injury caused you to lose work or clients. Acceptable proof includes bank statements, invoices, or past earnings records. The more organized your records are, the stronger your claim.
Temporary and Contract Workers
Temporary workers and those under contract may also qualify. If you had a work agreement in place and the injury kept you from fulfilling it, you can include that lost income. Keep a copy of your contract and payment history as part of your evidence.
Workers With Reduced Hours
If your injury allowed you to return to work but only part-time, you may claim the difference in income. This is still a form of lost wages. A doctor’s note and a statement from your employer can help confirm the change in your work hours.
People with Long-Term Injuries
If your injuries reduce your future ability to work, you may be able to claim lost earning capacity. This is common in serious personal injury cases. A medical evaluation and expert witness testimony may be needed to support this part of the claim.
How to Calculate Lost Wages in Georgia
To receive fair compensation after a car accident, you need to understand how lost wages are calculated. This section breaks down each step in the process for individuals filing a personal injury claim in Georgia.
Step 1: Gather Employment Records
Start by collecting your most recent pay stubs, W-2s, or tax returns. These documents show your regular income and help calculate the total lost wages. If you are self-employed, use invoices, contracts, or bank statements. Your employment history will support the claim.
Step 2: Calculate Missed Work Days
Count the total number of days or hours you could not work due to the injury. Include time taken off for medical appointments, therapy sessions, or recovery. If you missed partial days, include those too. Document every absence with a medical note or disability slip.
Step 3: Determine Your Daily or Hourly Rate
For salaried employees, divide your annual salary by 260 workdays to find your daily wage. For hourly workers, multiply your hourly rate by the number of hours missed. Use your standard pay rate, not overtime or holiday pay, unless you missed those opportunities.
Step 4: Include Lost Benefits and Bonuses
If you missed a chance to earn performance bonuses, commissions, or employer-paid benefits, you can add these to your claim. This includes lost health insurance coverage, 401(k) matching, or paid vacation days used due to the accident. These are part of your lost compensation.
Step 5: Estimate Future Lost Wages
If your injury affects your ability to work long term, calculate future lost wages. This is also called lost earning capacity. You may need a medical report and an expert witness to confirm the impact. Future losses are based on your expected earnings over time, reduced by your new work limits.
Step 6: Total Your Lost Wages
Add all components together. This includes missed base pay, benefits, bonus income, and future losses. The result is your total lost wages. This figure becomes part of your economic damages in the personal injury claim.
Legal Support: Why You Need an Atlanta Car Accident Lawyer
An experienced Atlanta car accident lawyer can help you prove your lost wages claim and recover the full compensation you are owed.
Help With Insurance Companies
Insurance companies often try to reduce or deny lost wages claims. They may question your injuries, ask for excessive documentation, or offer a low settlement. An Atlanta car accident lawyer knows how to handle these tactics. They communicate with the insurance adjuster on your behalf and protect your rights throughout the process.
Proving Lost Income and Future Earnings
To claim lost wages, you need strong proof. This includes medical records, pay stubs, and employer letters. If you are self-employed, it can be harder to show lost income. An Atlanta car accident attorney helps gather and organize this evidence. They also work with expert witnesses to calculate future lost wages when your injury affects your long-term earning capacity.
Knowledge of Georgia Law
Ross Moore Law understands Georgia’s personal injury statutes, including O.C.G.A. § 51-12-2. This law governs damages for lost wages, medical bills, and other economic losses. A local attorney uses this knowledge to build a strong case and ensure you meet all legal deadlines.
Focused on Full Compensation
The goal of Ross Moore Law is to recover the full extent of your damages. That includes lost income, medical expenses, property damage, and pain and suffering. The firm provides personal attention, answers your questions, and keeps you informed every step of the way.
Free Case Evaluation
Ross Moore Law offers a free consultation to review your car accident case. You can speak directly with an Atlanta car accident lawyer about your situation, your injuries, and your options for compensation. There is no cost to find out what your case may be worth.
Consult With an Experienced Atlanta Car Accident Lawyer ASAP!
If you’ve missed work or lost income after a car accident, you don’t have to face the insurance company alone. Our team at Ross Moore Law is here to help you understand your rights, calculate your lost wages accurately, and gather the documentation needed to support your claim. With an experienced Atlanta car accident attorney on your side, you can focus on your recovery while we work to secure the full compensation you deserve.
Contact us at 404-445-8122 for a free claim review today!
