When you are in any type of accident in Georgia, you may have suffered losses associated with your injuries. Many people assume that all of their damages are the same. However, it is important to understand the different kinds of damages and how to calculate them so that you receive an appropriate amount for your injuries.
What Types of Damages Can I Recover in Georgia?
There are three types of damages available in Georgia for personal injury victims:
- Economic damages – sometimes referred to as “special damages,” there are generally no limits on economic damages
- Non-economic damages – sometimes referred to as “general damages” and include damages for pain and suffering, emotional distress, loss of enjoyment of life, and related damages
- Punitive damages – these are damages used to punish a defendant’s behavior and prohibit similar conduct by others
What Are Economic Damages in Georgia?
Economic damages are awarded to help injury victims recover the financial costs associated with their accident. Economic damages are tangible damages that are usually proven by bills or invoices. Examples of economic damages are medical expenses, loss of income, property damage, and other out-of-pocket costs.
Economic damages like medical expenses and property damage are simple to figure out because you will usually receive an estimate, bill, or invoice that proves the extent of your damages. On the other hand, loss of income, especially future income, is more difficult to calculate and may require the assistance of a financial expert.
How Are Medical Costs Calculated For Economic Damages?
When calculating medical costs in a personal injury or accident case, it is important to understand that there are past and future medical expenses. Past medical costs are easier to calculate because bills and invoices show the amount. Future medical costs, on the other hand, are more difficult to calculate.
Georgia law states that future medical costs must be supported by legitimate evidence. This means that estimates or speculation will not adequately support a claim for future medical costs.
Fortunately, your doctors, other healthcare providers, and medical experts are likely able to make reasonable predictions about any of your possible future medical needs, like:
- Physical therapy
- Prescriptions for pain relief medication
- Diagnostic testing
- Assistive devices (e.g., wheelchairs or prosthetics)
- Home health care or other assisted living
- Mental health care
- Additional surgeries
Calculating a claim for future medical costs is also difficult because once you receive an amount from the court in a judgment, you cannot return to the court later and request more if your medical expenses were more than you previously estimated. That is why it is essential to consider that the costs of medical care can rapidly increase.
How Is Lost Income Calculated in Personal Injury Cases?
When attempting to calculate lost income damages, you must consider that there are three types of lost income:
- Past lost wages
- Future lost wages
- Loss of earning capacity
Past lost wages are easier to prove than future lost wages or loss of earning capacity.
What Are Past Lost Wages?
Past lost wages are relatively simple to calculate because you can use your pay rate and historical earnings to prove your claim. For example, if you were injured in a motorcycle accident and were unable to work for five months – and your paychecks show that your monthly salary is $5,000 – you have a claim for $25,000 in past lost wages.
This may become more complicated if you are self-employed, paid hourly with irregular working hours, or work irregular overtime shifts. If you were unemployed at the time of your accident, you cannot try to recover past lost wages according to Georgia case law.
What Are Future Lost Wages?
Future lost wages are the income you’re likely to miss out on after an injury because you can’t work the same job, can’t work the same hours, or can’t work at all.
Unlike past lost wages (which are based on pay stubs and time missed), future lost wages require an estimate. Factors that can affect the calculation include:
- Your age at the time of the injury: A serious injury can impact a younger person’s ability to earn income for decades. If someone is close to retirement, the expected work-life impact is usually shorter.
- The industry you work in: Some fields are shrinking or changing quickly, while others are growing. That can affect whether you would likely have steady work—and how much you could have earned—over time.
- Your chances of raises or promotions: If your career path typically includes regular pay increases, advancement, or promotions, those expected earnings may be considered when estimating what you’ve lost.
Because these projections can be complex, attorneys often use documentation (such as work history and pay records) and, in some cases, expert analysis to support a future lost-wages claim.
Contact The King Firm Car Accident and Personal Injury Lawyers Today for a Free Consultation With a Tifton Personal Injury Lawyer
If you’re dealing with medical bills, missed paychecks, or other out-of-pocket costs after an accident, you don’t have to figure out the value of your economic damages on your own. The King Firm Car Accident and Personal Injury Lawyers can review the details of your situation, explain what documentation helps support a claim, and pursue compensation that reflects the full financial impact of your injuries.
Contact us today for a free consultation with a Tifton personal injury lawyer. We can discuss your case, answer your questions, and help you understand the damages you may be able to recover.
