Lost Wages in a Georgia Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in Georgia, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
2 years
Filing Deadline
At-Fault
Auto System
What Lost Wages You Can Recover in Georgia
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in Georgia
Georgia Injury Law
Georgia applies modified comparative fault with a 50% bar, creating a narrow window where a plaintiff who is equally at fault with a defendant is completely barred from recovery. The statute of limitations is 2 years, with tolling available for minor plaintiffs. Georgia is not a no-fault state, so all recovery flows through the at-fault party's liability insurance. Atlanta and other urban centers generate significant personal injury litigation, particularly involving auto accidents, premises liability at commercial properties, and trucking accidents on Georgia's major interstate corridors. Georgia caps punitive damages at $250,000 in most cases under O.C.G.A. § 51-12-5.1, except in product liability and DUI cases where uncapped exemplary damages may be available. Medical malpractice cases require an expert affidavit at filing. Georgia courts apply modified comparative fault analysis to both negligence and strict liability product claims.