What Compensation Can You Seek in a Rear-End Accident?

Rear-end accidents are among the most common types of vehicular collisions, often resulting from distracted driving, speeding, or sudden stops. If you’ve been involved in such an incident, you might be wondering about the compensation you can seek. 

The aftermath of a rear-end accident can bring many challenges, from medical bills to lost wages, so it’s crucial to know your rights and potential avenues for reimbursement. At Castan  Lecca & Boeschen, we aim to provide a comprehensive overview of the compensations you can pursue.

  1. Medical Expenses: Medical bills can pile up rapidly after an accident. The injured party can seek compensation for both present and future medical expenses. This includes emergency room visits, hospitalization, surgeries, medication, physical therapy, and even ongoing treatments or therapies.
  • Lost Wages: If the rear-end accident resulted in injuries that prevented you from working, you’re entitled to seek compensation for lost wages. This can encompass the days, weeks, or even months you were out of work due to the collision.
  • Property Damage: Often, rear-end accidents lead to significant damage to the vehicle’s backside. Compensation for repairs, or in severe cases, the total value of the vehicle, if it’s deemed a total loss, can be sought.
  • Pain and Suffering: This is a non-economic damage that is more subjective than the others. It refers to the physical pain and emotional distress one undergoes due to the accident. While it’s harder to put a price tag on these damages, they are just as significant.
  • Loss of Enjoyment of Life: Severe accidents can result in long-term implications, depriving individuals of enjoying activities they once loved. Compensation can be sought for such loss of life’s enjoyment.
  • Loss of Consortium: This pertains to the damages suffered by a spouse of the injured individual. It encompasses the loss of companionship, affection, comfort, and marital services.
  • Punitive Damages: In cases where the at-fault driver’s behavior was particularly egregious or reckless, punitive damages might be awarded. Their primary purpose is to punish the defendant and deter similar future behaviors.

Determining Liability in Rear-End Accidents

In many instances, the driver who rear-ends another vehicle is often considered at fault due to following too closely or not paying adequate attention. However, there can be scenarios where the front driver may share some blame:

  • Sudden stops without warning: If a vehicle stops suddenly for no apparent reason, and this sudden stop causes a rear-end collision, the front driver might bear some liability.
  • Non-functional tail lights: If the front car’s tail lights are not working, especially during night or foggy conditions, it can be a contributing factor.
  • Reversing unexpectedly: If a vehicle unexpectedly reverses and this action leads to a rear-end accident, the front driver may be at fault.

Understanding the specifics of liability can influence the compensation one can seek, so always ensure detailed documentation of the accident circumstances.

Factors Influencing Compensation Amount

Several factors come into play when determining the compensation amount:

  • Severity of Injuries: The more severe the injuries, the higher the potential compensation. This is because medical bills, the necessity for ongoing treatments, and potential long-term implications are higher.
  • Degree of Fault: Georgia follows a “modified comparative negligence” rule. Your compensation might be reduced proportionally if you’re found partially at fault.
  • Insurance Policy Limits: While you can technically sue for more than the defendant’s insurance policy limits in Georgia, collecting beyond that amount can be challenging.
  • Duration of Medical Treatment: Longer durations of treatment can signify more severe injuries, potentially leading to higher settlements.
  • Economic Damages: These are quantifiable losses, like medical expenses and lost wages. The higher these costs, the higher the potential compensation.

Average Settlements in Georgia

While every case is unique, understanding the average settlement for rear-end collisions in Georgia can provide a starting point. Factors like the location of the crash, the insurance companies involved, and your representation can influence the settlement.

Rear-end accident cases can vary widely based on the specifics of the incident. It’s crucial to consult with a legal expert to get an accurate estimate for your particular situation.

Being involved in a rear-end accident can be a harrowing experience. Beyond the immediate shock and damage, navigating the legal avenues for appropriate compensation can be daunting. 

However, armed with the proper knowledge and legal assistance, you can ensure that you’re adequately compensated for the damages incurred. Remember, every case has its nuances, so it’s essential to approach it with a comprehensive understanding and the proper support.

Importance of Legal Representation

While it might seem straightforward to claim compensation after a rear-end accident, navigating the legal and insurance systems can be complex:

  • Dealing with Insurance Companies: Insurers often aim to minimize payouts. They might undervalue your claim, delay the process, or even deny it under certain pretexts.
  • Gathering Evidence: A strong claim requires substantial evidence, from photographs of the accident scene to medical reports and witness statements.
  • Negotiating Settlements: Having an attorney can help you negotiate better settlements, as they understand the legal intricacies and can counter low-ball offers.

Rehabilitation and Long-term Impact

Some victims of rear-end collisions might require prolonged rehabilitation, especially in cases of whiplash or spinal injuries. It’s essential to understand and account for:

  • Physical therapy sessions: Many victims require regular physical therapy to regain strength and mobility.
  • Counseling and emotional therapy: The trauma of an accident can have long-lasting psychological impacts.
  • Long-term care: In severe cases, victims might need assisted living or prolonged medical care.

Considering these factors while seeking compensation ensures you’re adequately covered for present and future challenges.

Need Expert Legal Assistance?

If you or a loved one has been involved in a rear-end accident and are seeking compensation, the dedicated attorneys at Castan Lecca & Boeschen are here to guide you every step of the way. 

With our wealth of experience and commitment to our clients, we’ll ensure you get the justice you deserve. Contact us today to schedule a consultation, and let us advocate for your rights.




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





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 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



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



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



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.