Castan y Lecca Group
An injury caused by someone else’s negligence can severly impact your life. You may become unable to work, pile up thousands of dollars in medical bills, or even face death. If you have experienced a personal injury, you are entitled to compensation. When pursuing compensation, you have two paths: an insurance claim or a lawsuit. Both are viable options, but choosing which is best for you is based on your specific circumstances in your situation.

Benefits of Filing an Insurance Claim 

Filing an insurance claim for personal injury is usually the first step before filing a lawsuit. Goign through an insurance claim does not involve courts, but rather a constant negotitiaon between the negligent party’s insurance company and your legal represenation. The first step of filinf an insurance claim is notfying the negligent party’s insurance company. This notification will let the insrance company know that an accident has occured. This will then lead into an investigation of the accident, who was at fault, and a look into the injuries and damages sustained from the accidnet. When you recive your first offer from the insurance company, you can either accept, reject, or offer a counteroffer. When you accept the offer, you are agreeing to the amount offered and will end the process. If you reject the offer, you are refusing the offer. A counteroffer is rejecting the initial amount with the proposal of a new offer.  Depending on the initial offer, it may be in your best interest to propose a counteroffer. The initial offer from the insurance company may be very low or not cover all of your expenses. Do not settle when you know you can get more for your injuries.  When you propose a counteroffer, you are also submitting a demand letter. This will give a detailed account from your perspective. Be as specific as possible in your demand letter to ensure that you can get the best compensation you deserve. For insurance companies, settling out of court is ideal. Their client will be free of any liability and they will save time and money by settling out of court.  Settling your claim out of court will save you a noticable amount of time and risk. Taking a case to court can run the risk of a jury that might give you nothing for your injuries. However, some cases need to go to court due to discrepinces with insurance companies.

Benefits of Filing a Lawsuit



More often than not, most people file a lawsuit as a last resort after attempting to file an insurance claim. Legal action is seen as an aggressive avenue, but if insurance companies are short changing your compensation, it is best to fight for what you deserve. Even after offering a counteroffer, some insurance companes can still lowball your settlement. Another reason why people file a lawsuit is because their insurance claim was flat out denied by the insurance company. Moving forward with a lawsuit requires a great amount of patience.  Moving forward with a lawsuit is a major decision in your personal injury case. A lawsuit requires more time and resources from you and your lawyer. Keep in mind that personal injury cases have a statute of limitiations that vary state by state. In Georgia, the statute of limitations for a personal injury case is two years from the date of the accident. When filing a lawsuit, you first need to prepare and file a petition, which is a legal document that is the basis of the lawsuit. Once filed and documented, you may be required to file a summons, which is a notification to the defendant that you are filing a lawsuit against them.

How Do I Deciede What Is Best For My Case

Experiencing an injury due to someone else’s negligence is stressful and expensive. Between mounting medical bills and the pain from the injuries, you are racking up damages. Choosing the best avenue for your personal injury case is best determined by your circumstance, injuries sustained, and the guidance of your legal represenation. Keep in mind that it is encouraged to file an insurance claim first, then if you experience any issues, pushback, or lowballing, filing a lawsuit might be the best route for you. No matter what, always advise your legal counsel before making any major decisions.  When making a major decision like this, you need legal representation from experts. Don’t go through the process of a personal injury claim alone. Contact the experts at Castan and Lecca to start your personal injury claim and get the compensation you deserve.
(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
castan&lecca-iliana-bio

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
castan&lecca-ken-bio

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.