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.

(864)761-4141

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.