Legal Question in Personal Injury in Georgia

Lost Wages for spouse in my Auto Accident case

I was involved in an automobile accident that was not my fault. The police report states fault of the other driver. I am in the negotiation process with the insurance company of the other person. I suffered an inversion sprain in my right foot/ankle upon impact. My husband had to take time off of work to drive our children to doctor appointments and take care of me for four days while I was unable to get around and put pressure on my foot. I could not drive for several weeks. His lost wages amounted to $936. The insurance company is stating that they do not have to compensate us for his lost wages since he was not the injured person in the claim. Is this right? Can we not be compensated for the time he had to take off of work? Thanks in advance for your time and responses.


Asked on 5/09/06, 1:27 pm

3 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Lost Wages for spouse in my Auto Accident case

I couldn't concur with Mr. Ashman more and wish to reinforce what he has said with a real world example. I am handling a similar case now for a 19 year-old. His non-lawyer father was ready to have him settle for about $3K in medicals and $2K for pain and suffering. Luckily, he consulted me and I discovered his meds were 3 times that! He was six months in rehab. Liability insurance companies are not shocked to expect to pay 3 times meds just for pain and suffering. And the statute of limitations would have expired in only 3 months hadn't they contacted me. I'm expecting to get this kid closer to $25K to $30K. Get a good lawyer. They often work on contingencies in these kinds of cases.

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Answered on 5/09/06, 4:20 pm
Robert Windholz Robert S. Windholz, Attorney At Law

Re: Lost Wages for spouse in my Auto Accident case

He has a loss of consortium claim. You can always make it the amount of his loss. Don't trust any car insurance company.

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Answered on 5/09/06, 8:50 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Lost Wages for spouse in my Auto Accident case

One of the worst things you can do is to try and negotiate with the insurer without a lawyer. Study after study shows that people who do this get far smaller setlements than people who hire lawyers. The fact that you are focused on a fairly small number that is not compensable (lost wages for a spouse generally are not) reinforces that. The damages from all but the most minor of injuries would usually be greater than what you're focused on (bear in mind I have no information on your case).

I should advise you not to letthe statute of limitations expire. Then you get zero.

It may not be too late to get a lawyer and do this right, although you may have done too much damage to your case to help now. A lawyer would have drafted a proper demand package and negotiated properly. Consider whether you should stop now and hire counsel.

A final note: since the insurance company is working against you, everything you say may be used against you in your case.

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Answered on 5/09/06, 1:35 pm


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