It's a little unclear if you are asking can you recoup the difference between your workers comp wage and what your salary would have been or any wages whatsoever for the ten months. Any way you slice it though with a complex case involving two surgeries and likely permanency, you ought to a least do a free in person consultation with a lawyer to make sure you are not making any mistakes.
There is in not really a legal definition but it is a common term.
Georgia has an actual jury charge on this issue. You would be known as an "eggshell plaintiff." You take the victim as you find them. If you were teetering in the verge of becoming symptomatic but had no symptoms previously or had drastically less symptoms and the crash aggravates it to the point that you need surgery, then you could legally recover. Whether a jury would agree with you would depend on the prior pain...
Shiver is correct that it won't affect your case. The question you should have asked is; why am I not comfortable with my current lawyer? With a chiro and epidurals involved, it is highly likely that you have one. Be sure that you have had in person sit down meetings with the lawyer so that important questions like this are asked and answered. Insist on good customer service.
Did the fire department arrive and determine what had spilled in the store? You have to be able to identify the particular agent that caused the reaction and show that it got into the store through their negligence.
The amount to be "awarded" would be a portion of the salary until he is medically cleared to work again plus the payment of the medical bills. The only lump sum would be if after surgery, there is a permanency to the injury and the workers comp insurance company wants to cut off future medical and lost wages exposure. There is no way to know exactly this early but it is a no brainer to hire a lawyer if there will be a permanent injury.
The offer is likely a function of either or both:
1. dealing with a local insurer (as opposed to a national carrier) who only writes 25k policies. They tend to make offers like that.
2. The damage to the cars involved was not serious. Anything under $1,500 can cause you trouble.
That said if the other driver received a traffic ticket, the 2 year statute can be tolled (extended) for the number of days it took for the ticket to resolve. We recently had a case where we successfully argued...
There are two answers.
1. When I hear people tell me that the brakes failed, it usually mens the driver failed to apply them in time. Is that the case or did the police confirm that there was actually a mechanical defect? If there is a confirmed mechanical problem then the case becomes very complicated and involves notice, maintenance and last repair issues.
2. The more likely answer is that the driver erred in which case you will definitely need to find more than 25,000 in coverage. Broken...
The statute of limitations on Uninsured Motorist John Doe claims is two years unfortunately. (please note that there was huge change in the law 9/28 so read about the change to Georgia Statute of Limitations from the link below.) That said the change will not affect your case because they never located the driver.
Unfortunately the statute of limitations on your case ran out two years ago unless the uninsured motorist policy you had at the time was issued to you in another state and then...
Given that you have a witness, the John Doe requirements are satisfied if they corroborate your story and you could make a claim and eventually file suit against your own Uninsured Motorist coverage for your injuries. I would make an immediate appointment with your family doctor an urgent care clinic and follow their advice on further care because gaps in care, even if well intentioned can be deadly to a case. Below is a link to my post on Georgia Hit and Run issues.
As far as your friend...