Personal Injury Law

Georgia Serious Injury Cases: Frequently Asked Question Number 5

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 5:

5. Who will pay my lost wages while I am recovering from my injuries?

Answer: In Georgia, there is no ?Pay as You Go? rule so unfortunately the answer to this question is that you may receive no lost wages at all unless your employer continues to pay you and/or you have disability benefits. When you have reached maximum medical improvement and your case is ready for settlement, your total lost wages past, present and future, is an element of your damage claim. Assuming the at fault defendant has good insurance coverage that can pay all such damages, you will then receive restitution and/or compensation for your total lost wage claim assuming, of course, that the liability of the at fault defendant has been established for the damages and has sufficient coverage to provide restitution for this part of your loss.

Unfortunately, in far too many cases, in a situation where liability is clear, the at fault defendant does not have sufficient insurance coverage to pay past lost wages, future lost wages or any lost wages. Many times the medical expenses exceed the total value of insurance coverage in a serious injury context. Once again, the public is well advised to purchase uninsured motorist coverage which then can provide coverage for lost wages in the event the at fault driver has low limits.

It is often difficult for someone who has been injured and has no source of income to ?get by? while they are recovering from their injuries. Medical bills are piling in and there is no income unless the injured individual is fortunate enough to have an understanding employer who continues to provide wage benefits and/or disability coverage. In many cases where wages are cut off and the injured individual cannot work due to their injuries, it is simply a very hard time for that client and his family because there is no ?Pay as You Go? rule and because it does take some time to resolve a case by way of settlement even where there are good insurance policies applicable to a particular claim. Another complicating factor is where liability is debated and the at fault driver disputes liability. This can result in litigation which many times can take a year or longer to resolve thus depriving the injured individual of any immediate relief for the lost wage claim.

We recommend that all clients who can afford it review their own insurance policies to determine if they can afford disability coverage and/or uninsured motorist coverage under their policies. The least expensive form of insurance that one can purchase to provide for protection in a serious injury case involving an automobile is uninsured motorist coverage. This coverage will protect the policyholder to the limits of such coverage even if the at fault driver has minimum or low limits. Thus, if it is affordable, one is well advised to purchase uninsured coverage because such coverage can be used not only to provide compensation for medical expenses but also lost wages.

Full post as published by Georgia Injury Lawyer Blog on January 29, 2008 (boomark / email).