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Injured In a Car Accident – How Can I Get Medical Help and Compensation?

The aftermath of suffering a car accident can be an overwhelming and traumatic experience. So many emotions may be rushing through your body, which can leave you not knowing what to do. But remember, the first step after an accident is to check if you and other passengers have injuries.

After examining your injuries, you might have doubts such as: “Should I call an ambulance? Do medical costs come out of my pocket? Who pays for my injuries?” Since we know that you may have more questions after an auto accident, in this blog article, we will provide answers to these issues and more information on receiving medical care after a car accident.

The first thing to do is: get medical help.

In any type of accident, personal injuries, work accidents, or car crashes, once you’ve checked if you or others have injuries, you should call 911 for an ambulance -if there are any wounds- and wait for the police to arrive on the scene.

Having first aid arrive at the accident scene can establish a link between the incident and your injuries. They document what injuries were visible right after the aftermath. These medical evaluations are a clear piece of evidence to show in your insurance claim, so the insurance company pays for your injuries.

Despite not feeling or seeing any injuries, you will still need to visit a doctor or go to the hospital. Why? Insurance companies can defend themselves from not paying your compensation by arguing that if you didn’t see a physician, you weren’t injured (or severely harmed). On the other hand, you might have injuries that can appear later on, which are:

Neck, back, or shoulder pain caused by whiplash.
Back pain due to injuries to the muscles, ligaments, or nerves.
Numbness in arms and hands.

For these reasons, we strongly recommend you visit a doctor within 24 hours after your accident. Any ache, pain, or sensitivity you have should be discussed with your physician to ensure they document all your symptoms. If there are any preexisting conditions, also disclose this to your doctor. Either way, you will undergo medical tests to check for any brain injury and get a proper diagnosis for your correct treatment.

Also, going to a doctor’s visit allows you to have the documents needed to show that the accident caused you physical harm. By doing so, you can:

Have a report of any progress or new health developments of your injuries.
Show the insurance company that your injuries are affecting your livelihood.
Have proof of all the physicians and therapy sessions needed during your treatment.

Who pays for my medical costs?

A common worry most accident victims may have is: who is responsible for paying for my medical costs? Is it my insurance company or the other driver’s insurer? Does it come out of my pocket? These concerns may cause stress and lead people to shy away from getting medical attention. However, we want to explain how this process works to calm any potential anxiety and assure you get medical care after a car crash.

In Georgia, each driver involved in an accident has to pay for their medical costs upfront. If you have a healthcare insurance plan, your insurer will pay for all of your treatment. Even having medical coverage (MedPay) can pay a portion of your bills.

But if you don’t have health insurance or money to pay and need medical help, it is recommended to have an experienced auto accident attorney on your side. Why? For example, here at Castan & Lecca, we count on an allied network of doctors and chiropractors that can treat you on a lien basis. In other words, their services will be paid once you reach a settlement for your injuries.

However, it’s not always going to be you who’s responsible for medical costs. Once your case is settled, you’ll receive a reimbursement of your medical bills from the at-fault driver’s insurer. That is why having an attorney on your side and keeping all of your medical documents can make sure you are completely compensated for your injuries.

How can Castan & Lecca help me during this process?

We understand that getting medical help after an auto accident shouldn’t be a road you take alone. At Castan & Lecca, we are committed to helping injured victims of auto accidents and even rideshare accidents get compensation for their injuries.

We guide you when you’re signing legal documents. The at-fault driver’s insurer or even your insurance company has one goal in mind: protecting their economic interests. To do so, they may confuse you with technical vocabulary or propose a lowball offer. Since we know their methods, our attorneys will explain in detail what you are signing to not lose out on your compensation.

On the other hand, we will help you file insurance claims quickly. One common mistake we see in these cases that lose out on a car accident claim is not meeting the deadlines to file a claim. Insurance companies use stalling tactics to delay the process as much as possible and try to go over the statute of limitations period. That is why we advocate on your behalf to speed up this process and attain superior results.

Lastly, when we start representing your case, not only are we making sure your medical costs are covered, we make sure you are compensated for:

Pain and suffering damages.
Lost wages and future lost income.
Car repairment costs.

At Castan & Lecca, we are ready to help your life get back on track after an accident. Call us today at 770-800-7000 or contact us to schedule a free consultation on your case. We are exceptional attorneys that bring superior results to our clients.

CAN I FILE A CAR ACCIDENT CLAIM IF I’M UNDOCUMENTED?

Car accidents are the most common type of personal injury cases, but they can prove to be complicated because every case comes with different circumstances. On top of that, you or your family might be taking time to recover from injuries sustained in the accident–which could leave you out of work. To make matters more challenging, your stress could be compounded by your undocumented immigration status.

Of course, your first priority should be you and your family’s well being–and you should be able to leave the work to legal professionals. Due to the complex nature of car accidents, it’s crucial to have an experienced, knowledgeable and trustworthy team on your side.

At Castan & Lecca, we have the decades of experience needed–coupled with the dedication to our clients and the relevant legal knowledge–to guide you through this trying time. Furthermore, we understand that being an undocumented immigrant can prove to make an already stressful situation even more difficult. But when you choose us, you’re getting a caring partner to reassure you–and secure your rights.

If you are in a car accident, you should know that you have rights, but you should proceed through the process of compiling evidence and ensuring everyone’s safety.

This process could include the following:

Keep Track of Evidence of the Accident

In the immediate aftermath of a car accident, there could be a lot of confusion, and it’s hard to maintain awareness of your surroundings. However, keeping track of evidence is crucial to your case, so you should be careful to write down or take pictures of everything you can.

Get Immediate Medical Care

Many of us have a tendency to brush off pain or cope with an injury following an accident. If there isn’t a visible problem, you could feel like there are more urgent matters to address. But insurance companies argue that if you didn’t go to the doctor, then you weren’t injured.

We highly recommend seeing a doctor within a day of your accident. Make sure you tell them every ache, pain, and sensitivity you experience. Most importantly, be sure to keep track of the paperwork—it’s evidence.

Get Guidance From Legal Counsel

Always have a lawyer present when you sign documents. Believe us when we say that you should not trust the insurance company. They are not working for you. When it comes to dealing with the insurance companies, it’s important for you to have a legal advocate on your side so that they can fight for your rights.

Insurance companies work very slowly because stalling tactics are designed to delay the process, so that you might not be compensated. If the insurance companies have been trying to delay your claims process, don’t wait. Get in touch with us so we can advocate for you.

Here is what you can receive if you file a car accident claim with the help of Castan & Lecca:

Types of Damages

When you’re injured in a car accident, you are entitled to compensation from the at-fault party. This compensation is known as “damages.”

Special Compensatory Damages

According to AllLaw.com, “Special damages cover any expense or loss related to an injury, and there is no limit to the types of special damage claims that can be made, or to the amount an injured party can claim.” Special damages are also sometimes known as “economic” damages.

There are several different types of special (monetary) damages you might be entitled to, so let’s take a look at some:

Medical bills, including cost of future medical care
Loss of earnings, including loss of future earnings
Cost of household expenses
Costs associated with altered plans (canceled trips, etc.)

Lost Wages

Lost wages are a specific type of special or economic damages. If you sustain a serious injury in a car accident, you may be unable to work as you spend time in the hospital, attend doctor’s appointments, rest at home or even have to undergo surgery or physical therapy. As a result, you may experience a substantial loss of income. This puts your family’s wellbeing at risk.

But when you turn to Castan & Lecca, you can trust that we will fight for your right to compensation that will make up for your lost wages.

General Compensatory Damages

But many times, the impact of a car accident extends beyond the various bills that come with it. Sometimes, there are damages that cannot always be measured so concretely. These damages are known as “general” compensatory damages. According to Investopedia, “general compensatory damages […] include estimates of loss not involving actual monetary expenditure.” General damages are also sometimes known as “non-economic” damages.

Some general compensatory damages could include:

Mental anguish

Disfigurement

Long-term physical pain and suffering

Loss of consortium

Inconvenience

Loss of enjoyment of life

Loss of opportunity

Pain and Suffering

According to Merriam-Webster, the legal definition of pain and suffering is “mental or especially physical distress for which one may seek damages in a tort action.” Pain and suffering is considered non-economic or general compensatory damages. This particular type of damage can be difficult to measure.

Pain and suffering is sometimes determined by examining the types of injuries sustained and the severity of these injuries. An experienced personal injury attorney will help you determine what you are entitled to and the extent of monetary damages you may receive.

Many times, certain car accidents warrant certain specific types of pain and suffering like disfigurement, loss of enjoyment of life, and mental anguish.

The Takeaway

When you experience a car accident, you should know that you may have rights to compensation, even if you have an undocumented status. Navigating the process alone can be overwhelming and challenging–that’s why you need a team of experienced legal professionals by your side to help you. We will ensure that your rights are protected. If you’ve been in a car accident, contact us at Castan & Lecca for a free consultation of your case.

What you need to know about roofing injuries

If you currently work in the roofing industry, you are likely to be hurt in a work accident. Being injured as a result of a mishap due to someone else’s fault can lead you to feel anguished, confused, and worried about your finances since you may be physically unable to work.

Nonetheless, knowing more about the most common roofing injuries, how to prevent them, and what steps you should take after suffering a roofing accident, can allow you to make sure your workers’ comp claim has success. With this blog article, here at Castan & Lecca, we want to provide you with the information you need to know how to prevent and react to these work hazards.

Most common injuries caused in roofing accidents

In 2021, according to the Occupational Safety and Health Administration (OSHA), the most frequently violated standard was not having the proper fall protection in place for construction workers. This fact becomes more appalling when you take into consideration that more than 10,350 workers suffer serious injuries each year when they fall from heights.

Since most roofing contractors work from heights, they’re at risk of falling off a roof and getting hurt. The most common injuries that stem from these accidents are:

Bone fractures: when a roofer falls off a ceiling, the brunt of their landing can result in broken bones.
Traumatic Brain Injury: if a worker falls from a significant height or gets hit by an object, the impact can lead them to suffer traumatic brain injuries. Long-term effects from these physical traumas may cause impairment in their emotional, mental, and cognitive abilities.
Spinal Cord and Back Injuries: falling from heights on a construction site can generate serious back and spinal cord injuries. In some cases, a spinal cord injury may cause partial or complete paralysis.

But not only are roofers exposed to fall accidents. Other work hazards that can cause them injuries are:

Puncture Wounds: roofers may puncture themselves by using a nail gun without the proper care.
Repetitive motion injuries: performing activities such as nailing or hammering boards for long periods of time can cause long-term effects such as tendonitis, carpal tunnel syndrome, and pinched nerves.
Heat-related injuries: working under the sun for long hours, especially during the summer, can cause roofers to suffer heat exhaustion, heat stroke, and receive severe sunburns.
Electrocution: roofers are most likely to face this danger when their metal ladders come in contact with power lines.
Falling objects: roofers may be hit by falling objects such as debris, materials, scaffolding, bricks, and unsecured construction materials (e.g., ladders).

How to prevent roofing injuries

Employers are legally obligated to keep their workers safe. In the roofing industry, OSHA standards are intended to keep workers safe while they perform their jobs. For example, proper safety materials must be provided to them in order to prevent workplace injuries. These are the personal protective equipment employees must have and use:

Personal Fall Arrest Systems
Guardrail systems
Hard hats
Gloves
Goggles
Earplugs
First Aid Kits
Orange vests

However, not only personal protective equipment keeps roofers safe while doing their job. Other OSHA standards that roofing employers must follow to avoid workplace hazards at a minimum are:

Train all workers in fall protection.
Supervise workers to make sure fall protection equipment is being used correctly.
Warn workers of potential hazards using color codes, safety posters, labels, and signs.
Place the official OSHA poster on the construction site to inform roofers of their rights and responsibilities.
Keep records of workplace injuries and illnesses.
Provide employees and their representatives with access to medical records.

Not only employers are fully responsible for preventing workplace injuries. As an employee, the CDC has published a list of recommendations to prevent roofers from falling. Monitoring weather conditions, using a buddy system when working at heights, properly using a ladder, and securing scaffolds are some tips you should follow and apply to ensure both you and your coworkers’ safety.

Most accidents in the roofing industry can be prevented by making sure both you and your employer are taking the right steps in planning, training, and properly using safety protocols and equipment.

What to do when in jured in a roofing accident

In the tragic event, you were to get injured in a roofing accident, knowing what steps to immediately take whilst knowing your workers’ rights and workers’ comp laws can help you receive the compensation you deserve.

The first step you should follow is to report the accident to your employer and/or construction site manager. In fact, if you inform your injuries after a month, you may not be eligible to receive compensation.

We also recommend you get the names and contact information of witnesses who saw you get injured on the job. Additionally, taking pictures and videos of the accident scene can further back up your case when you’re filing a workers’ comp claim.

Next, you should seek medical attention right away. Remember, you cannot choose your personal physician to check your injuries. Only an approved doctor by your employer can examine your trauma and give you the medical care you need.

However, taking these steps is not the only thing that is going to help your workers’ comp claim. Since the legal process can become overwhelming, hiring an attorney that specializes in workers’ comp can help you with:

Securing the proper documentation and evidence to help your case, such as medical records.
Meeting deadlines to file your claim.
Negotiating with insurance companies.
Providing you with a legal strategy to identify weak points in your case.

Since Georgia operates on a no-fault workers’ comp system, as long as the accident happened during your work shift or was caused by any work activity, you’re eligible to receive benefits without not necessarily showing hard evidence to prove your injuries were caused by your employer’s negligence.

Get the legal help you deserve

If you were to get injured in a roofing accident, here at Castan & Lecca, our many years of experience in Workers’ Comp laws will make sure you receive the compensation you are rightfully owed. Contact us to have a free consultation to start working on your case right away.

Help! I was injured by a defective product

While being on the job, workers rely on their equipment to perform tasks. Investing in the best tools in the market help employees to continue mastering their craft. In addition, one would think that pouring more money into tools would provide them with greater safety than cutting corners in buying the same material from a generic brand.

However, no matter the amount of money you spend on tools, you are still at risk of getting injured by a defective product. Most likely, you may not know what steps to take after suffering these injuries and might even be a bit confused about how to file a claim against the manufacturer.

Don’t let these worries get the best of you. In this blog article, here at Castan & Lecca, we will provide you with the proper information on what types of injuries are caused by defective equipment and what is the legal procedure to get the maximum compensation for your losses.

Types of defective equipment

So what exactly is considered defective equipment? These are products that are considered to be unsafe or have any design or manufacturing flaw that is deemed to not have satisfactory quality. The types of product defects that are most commonly seen are:

1) Manufacturing defects: these are caused whenever problems or mistakes occur during the assembly and manufacturing process of a single unit in a product line that was left unattended and has caused a safety hazard while someone was using it. This can usually result in severe and fatal injuries. Some examples of these defects can be:

o Loose parts.

o Incorrectly attached parts.

o Improperly installed electrical circuits.

2) Design defects: this happens when the equipment’s design has flaws or errors. Most of these defects affect an entire product line instead of a single item. Some examples are:

o Mechanical defects on cars.

o Children’s products that contain choking hazards.

3) Marketing defects: also known as labeling defects, occurs whenever a product does not warn of the dangers when misusing the item, and therefore, users not knowing this information can be injured. Some of these examples are:

o False claims.

o Improper or lack of warning labels.

o No safety instructions are attached.

o Incorrect user instructions.

Common defective equipment injuries

When it comes to defective equipment, you are prone to suffer injuries. Depending on the amount of physical damage you receive, you can either suffer minor or fatal injuries. Some of these traumas can be:

Broken bones.
Cuts and lacerations.
Crushed extremities.
Concussions.
Blindness.
Amputations.
Loss of digits.
Electric shocks / electrocution.
Paralysis.
Toxic injuries (spray of chemicals or toxic materials).
Wrongful death.

Under Georgia law, in order to make a product liability claim, you must prove that your injuries were caused by the defective product and that you didn’t alter the item before the accident occurred. Remember, manufacturers are legally obligated to test their products and check to see if they’re safe to be used before launching them in the market. If you get injured, having an experienced product liability attorney on your side will help you win your case.

Steps to follow after being injured due to a defective equipment/tool

After being injured from using defective equipment, the first step you should take, like in all accidents, is to seek medical care as soon as possible. In the event the mishap occurred at work, notify your employer about what happened. Not only will your supervisor be alerted of the situation, but they can later become a witness in your case.

The next step is to file a claim against the manufacturer. With the help of an attorney, they will make sure you get compensated for your injuries while aiding you in gathering evidence (witnesses who saw your accident, photographs of the defective product, etc.). This will lead them to help determine the damages you’ve suffered, such as:

Economic Damages: which are financial losses that were caused by the product. The compensations that the victim may pursue are medical costs or any lost income which are the wages they have missed out on due to being unable to work because of their injuries.
Non-Economic Damages: these are subjective, intangible losses that the victim might suffer. These are considered to be emotional problems, scarring or disfigurement, pain and suffering, reduced quality of life, and loss of enjoyment that has stemmed from the accident.
Punitive Damages: these are meant to punish the defendant, which in this case is the manufacturer. They’re intended to make sure that they fix their products. Only courts can decide how much these damages are going to be.

When filing a claim, you must keep into consideration the statute of limitation for a product liability case. If you don’t file your claim during the legal period of time permitted, or even promptly hire an attorney, the courts most likely will dismiss your case. Don’t lose out on your compensation by acting too late.

How can I get started on my defective product claim?

Here at Castan & Lecca, over the years, we have provided a successful defense and top-notch legal representation for our clients. Not only are we experienced in defective productive liability cases, but our team of attorneys and legal experts are ready to prove the negligence of the manufacturer.

If you have been injured by a defective product, you will need the experience of a product liability attorney. At Castan & Lecca, we are ready to help you obtain the maximum compensation for your injuries in these types of accidents.

Contact us to schedule a free consultation to evaluate your case and create the best legal strategy to win. Remember, you’re not alone. We are exceptional attorneys and we achieve superior results.

What are the most common landscaping injuries and hazards?

It’s summer, the time of year when most homeowners desire to fix up their lawns and try to become the belle of the ball in their neighborhood. This also means that these are the best months for the landscape industry, as they’re where the most gigs appear. However, more lawns to fix can also mean a spike in work injuries.

According to the Bureau of Labor Statistics, in 2019 there were 12,380 reported injury cases within the landscape industry. In a huge industry such as this one, with over 1 million employed and 604,163 landscaping businesses in the U.S.alone, workplace injuries must be prevented.

Therefore, in this blog article, you will learn what type of injuries you may face while landscaping, what are the most common hazards and how to avoid them, along with the rights you have as a worker in case you get injured on the job.

The most common landscaping injuries

Like in most manual labor jobs, landscape workers are exposed to suffer from work accidents. The most frequent on-the-job injuries you may face, without having the proper precaution to evade them, are:

Cuts and amputations when cutting plants or using equipment, such as chainsaws and gardening shears.
Fatigue from heat stress when working outdoors under the sun for long periods of time.
Slips, trips, and falls from heights when working in trees.
Overexposure to harmful chemicals from pesticides and other chemicals may result in toxic poisoning.
Hearing loss from not using the proper protection while working with noisy equipment.
Overexertion from lifting heavy equipment or using the incorrect technique.
Repetitive stress injuries (RSIs) from incorrect postures or undergoing the same physical task over and over.
Having a higher chance of electrocution from working in trees close to power lines, high voltage machinery, or faulty connections.
Transportation-related injuries from debris falling off a moving vehicle or if a worker isn’t careful enough while driving.

Common landscaping hazards

According to the Occupational Safety and Health Administration (OSHA), landscape workers face a series of potential hazards while performing their jobs. The perils you should keep an eye out for and their possible solutions to avoid them at all costs are:

1) Soil preparation and grading: when landscape workers are preparing the soil by mixing soil conditioners (such as fertilizer) or moving soil to desired elevations, workers can either: get injured using their equipment, be hit by drivers moving equipment, or slip and trip in uneven landscapes. You can avoid these injuries by:

Training and certifying operators and drivers with their equipment.
Wearing protective personal equipment like boots with traction soles and ear protection.
Staying clear of tiller blades.

2) Irrigation: when irrigation lines are being installed or undergoing maintenance, using materials, like PCV glue or other adhesives, without protection can cause irritated skin, eyes, nose, and throat. Also, being exposed to trenches and excavations may lead to amputations and electrocutions. To be protected from these injuries, you must:

Wear protective gloves while manipulating adhesives.
Steer clear of trencher blades.
Inspect if your equipment works properly.
Call 811 before you start digging.

3) Hardscape construction: while installing patios, decks, or even undergoing wood construction for clients’ lawns, not properly using a saw may lead to cuts and amputations. Even slips, trips, and lifting-related injuries can occur. The safety solutions you should take to avoid these hazards are:

Proper training and use of saws.
Wearing protective personal equipment such as ear protection.
Ensuring that the equipment is safe to be used.
Call 811 for any excavations.

4) Planting: when planting trees, shrubs, and grass for lawns, you’re not exempt to be injured while lifting objects, suffering from heat stress whilst planting, tripping, falling, or even from getting cuts and hand injuries like cramps when using tools. Take these proper precautions when planting:

Get help to lift if needed.
Stay hydrated and work in the shade if possible.
Wear gloves while planting.
Keep your job area clean of debris.
Train and certify drivers.

5) Lawn and landscape maintenance: preserving a lawn with tasks like mowing, fertilizing, blowing, and even cleaning up may bring you hazards such as cuts, hand injuries, eye injuries, hearing loss, and chemical exposure. The safety measures you should follow while doing landscaping maintenance are:

Wear gloves.
Keep clear of rotating mower and brush-cutting blades.
When using blowers, wear protective goggles.
Maintain the mower’s settings to a comfortable and safe level to be used.

6) Tree care: when undergoing tree maintenance, whether it be pruning, chipping, or removing them, you are exposed to being in contact with power lines, getting hit by falling branches and tools, and tripping from heights. Avoid these hazards by:

Using protective personal equipment such as hard hats, safety goggles, and ear protection while using a chainsaw.
Knowing the drop zone of debris from trees.
Properly attaching and securing a tree tie.

Knowing these hazards and their precautions can keep you and your coworkers safe. Thanks to OSHA’s standards, your employer is legally obligated to provide their workers with the proper personal protective equipment, protocols, and tools to avoid workplace accidents. As a worker, you have the right to make these demands to be safe while working and speaking up about these dangers without fear of retaliation.

Landscapers’ rights when injured

Fortunately, if you were to get injured on the job, as a landscaper, you have worker rights. One of these rights is getting medical attention right away. It is not necessary for you to file a claim and wait for it to be approved to get the proper care for your injuries. However, under Georgia state law, you must see a doctor or physician that is approved by your employer. The company must provide information about its approved doctors to all employees.

The other right you have is that you’re eligible for workers’ comp coverage. The first step that you’re required to do is to inform your employer and the employer’s insurance about the accident. If you don’t report within 30 days of your injury as stipulated by Georgia law, you may completely miss out on benefits.

In addition, you can also file a claim against your employer in the event your injuries were caused by their negligence to keep you safe, which can lead you to receive maximum compensation. Since Georgia has a no-fault workers’ comp system in place, you don’t need to prove that your injuries were caused because your employer was negligent. As long as the accident occurred during your work shift or by work activities, it’s enough to have a strong case.

Lastly, you also have the right to have an experienced workers’ comp attorney legally represent you. An attorney can help you apply and receive benefits such as:

Temporary and permanent disability compensations: lost wages, coverage of medical costs, etc.
The necessary medical care for your injuries.
Vocational rehabilitation, in which due to your injuries, you will receive training or be educated for a new line of work.

Get the legal representation you need

If you’ve been injured in a landscaping accident, don’t wait any longer to start getting care. Here at Castan & Lecca, we are ready to help you with your paperwork, making sure your injuries are seen by a physician while gathering the amount of evidence you need to get the maximum compensation for your troubles.

provide you with an accurate estimate of how much compensation is owed to you. Remember, you’re not alone. We are exceptional attorneys and we achieve superior results.

The 4 Mistakes That Will Make You Lose a Car Accident Claim

Imagine coming home from work and having a car accident on one of Atlanta’s busy roads. Do you know what actions you need to take to obtain successful compensation? What should you never do in the presence of the police? What should you do make a car accident claim? The vast majority of those injured in the state of Georgia do not carry out this type of action and end up regretting it. And the stakes are high! You must learn how to prevent a car accident in Atlanta.

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Who is At Fault? Accident in Georgia