Auto accidents can produce a wide array of injuries that could prevent a victim from returning to work until after they recover. However, there are strict auto accident laws in Georgia, and not all auto accident victims are entitled to lost wages in a legal claim. When filing the claim, the victim must have injuries that prevented them from returning to work or caused a permanent condition or disability.
Did the At-Fault Driver Have Insurance?
When investigating an auto accident, the officers will determine what party caused the accident and if there are other drivers at fault. Once the at-fault driver is identified, all victims who were injured or sustained property damage must get insurance information from the at-fault driver to file a claim for medical treatment and property damage. If the at-fault driver doesn’t have auto insurance, the only option to collect compensation is to file a legal claim. Victims of auto accidents who need to start a legal claim visit atlantaadvocate.com for more information about getting started.
What Does the Victim Need to Start a Legal Claim?
They will need medical records that show that they did sustain injuries in the auto accident, and the records must show conclusive information that shows the injuries did happen during the accident and not a different event. Next, they need invoices from their doctor that show all the medical expenses linked to the auto accident.
If they sustained property damage, the victims must get at least three estimates for their auto repair expenses to show to the court. If they lost time at work because of the accident, the victim needs a clear calculation of these lost wages. A financial statement from their employer that is notarized will be sufficient.
What Economic Losses Can the Victim Claim?
After an auto accident, the victim can claim economic losses that include medical expenses, the cost to repair their car, and any wages they lost as a result of the auto accident. Some cases may include non-economic losses if the victim sustained a serious injury that is permanent or caused a disability. These losses include tort-based allegations such as pain and suffering and mental anguish.
How Do Courts Provide Compensation for Lost Wages?
When assessing the case, the court must conclude that the victim lost wages because they were unable to return to work and collect their income. This means that the victim’s injuries were severe, and they were hospitalized during their recovery.
It could also mean that the injuries they sustained in the auto accident prevented them from performing their job duties. When reviewing the victim’s injuries, the court must see that the victim couldn’t have possibly returned to work even on light duty to continue to earn their wages because of their injuries. If the victim was physically capable of returning to work and chose not to, the court will deny compensation for lost wages.
Victims of auto accidents may be entitled to recover lost wages if they meet the right criteria, and they win their legal claim. Auto accident laws in Georgia do not require an insurance company to compensate victims for lost wages because of accident injuries. If they file an insurance claim, the victim receives compensation for medical expenses and auto repair costs only. If they want to try to collect lost wages, the victim must participate in a legal claim to collect these proceeds from the at-fault driver.