Castan y Lecca Group
There are many factors that can put your safety in danger in your everyday life. However, on many occasions, your wellbeing can be violated due to the negligence of a person or several people. So it’s crucial that you understand when you can file a lawsuit in these situations.  Personal injury claims in Georgia are subject to the laws and regulations that apply to these types of situations. This includes the type of liability you have at the time of the incident in question and also the percentage of liability that exists on the part of another person. For this reason, it is of vital importance that you know the legal context and the type of care you should take when filing a lawsuit.

What is negligence?

Negligence, or the failure to take proper care, is connected to the circumstance in which an injury occurs. Injuries can happen as a result of third-party negligence, the most common of which include: 
  • Automobile accidents 
  • Industrial accidents
  • Truck accidents
  • Medical malpractice
  • Premises liability
  • Product liability 
Georgia is a comparative fault state. This means that at the time you file a lawsuit, you must take into account whether, for some reason, you had a percentage of responsibility for the injury you sustained. This is important because at the time of your case’s ruling, the degree of responsibility you had at the time of the accident will be subtracted from the compensation. However, you should not shy away from filing a claim. Whether you believe that you had some fault at the time of your injury or not, you should get the best legal advice possible to determine whether or not you are correct. It is important to note that the State of Georgia will allow for compensation to be given only to those individuals who are shown to be less than 50% responsible for the injury. Another factor to consider when filing a personal injury claim is the circumstance in which you received the injury:
  • For an injury sustained inside of a facility, you will receive compensation only if the facility owner or manager had knowledge of the danger. 
  • You did not have the opportunity to take the necessary precautions because the owner or manager failed to provide instructions or give notice of the hazards inside the premises.

Auto Accidents

Given the concept of comparative fault, there are two factors that must be taken into account after a car accident:
  •  the responsibility of the parties involved in the accident
  •  the reasonable care of each party
Most car accident cases will require a thorough investigation of the facts to determine that the persons involved did not engage in any intentional or reckless conduct.  These types of cases are usually handled by insurance companies. In the state of Georgia, negligent auto accident injuries are settled for between $25,000 and $30,000. This depends on whether the accident involved personal injury or property damage. However, if the value of the compensation is not what is expected or does not cover the damages, it is advisable to seek the assistance of an experienced attorney.  Keep in mind that in all these cases you should try to do the following:
  • Take photographs at the scene of the accident
  • Report the accident to the authorities
  • Seek medical help if necessary
  • Seek professional help from your trusted attorney

Premises Liability



This type of injury can occur within a facility and covers different types of situations, including:
  • Falls
  • Theft
  • Slips
Therefore, it is the responsibility of the facility owner or manager to ensure the welfare of visitors. There are, however, restrictions for unwanted visitors. If trespassers enter the establishment without consent, the owner is not responsible for wellbeing. This condition regarding unwanted visitors has an exception, and that is for children who enter the establishment uninvited. The owner of each establishment must foresee the unexpected visit of a child and take the necessary precautions to avoid an accident. Another exception has to do with public amusement parks, where the owner has no liability for injuries or damages. If you are involved in this type of circumstance, remember to capture as much evidence as possible and notify the person in charge of the establishment about what happened. Furthermore, you should certainly contact an attorney.

Product Liability

In order to file a lawsuit for an injury caused by a defective product, it must be demonstrated that there were errors in the design or manufacturing. Moreover, there must be evidence that the producer or manufacturer did not provide sufficient information to warn consumers about the care or use of the product. However, this has restrictions depending on the user’s responsibility. In other words, if the user does not take the necessary or responsible care with the product, the manufacturer will not be able to provide any type of compensation.

Medical Malpractice

A medical malpractice lawsuit may involve a number of circumstances having to do with medical care and certain treatments. Some of the situations include the following:
  • Failure to comply with treatment protocols
  • Neglect of standards
  • Error in diagnosis
  • Lack of treatment
  • Neglect of treatment
  • Surgical errors
These types of lawsuits most often involve medical or medical-related personnel. Please note that these types of lawsuits are costly and usually take longer than any other. This is because of the needed investigations and the detailed gathering of statements and evidence. Medical malpractice suits also require a substantial investment of time in order for the plaintiff to receive compensation. This type of lawsuit requires collecting evidence, requesting statements, researching medical opinions, and, of course, the expertise of an expert attorney who will become your greatest support throughout the process. At Castan & Lecca, we are experts in personal injury claims. Our years of experience allow us to become your best support when seeking the right compensation for you and your loved ones. If you are looking for legal representation, call us. We will fight for your rights.
(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.