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

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.





How to document accident scenes effectively to support insurance claims and legal cases

How to document accident scenes effectively to support insurance claims and legal cases

Accidents can be distressing and chaotic events, leaving individuals involved feeling overwhelmed and uncertain about the next steps. However, the importance of effectively documenting accident scenes cannot be understated, especially when supporting insurance claims and legal cases. 

Proper documentation is vital in establishing the facts, determining liability, and ensuring fair compensation for all parties involved.

The importance of documentation

When a car accident occurs, the immediate priority is ensuring the safety and well-being of everyone involved. However, as soon as it is safe to do so, documenting the scene becomes paramount.

Key elements of effective documentation

  • Photographic evidence: High-quality photographs of the accident scene, vehicle damage, injuries, road conditions, weather, traffic signs, and contributing factors are crucial.
    These images offer a visual representation of the scene’s conditions at the time of the accident. They can also help establish the severity of the collision and provide insights into potential causes. 
  • Video recordings: In addition to photographs, video recordings can provide a comprehensive view of the accident scene. Video footage can capture details that photos might miss, such as the behavior of other drivers, the sequence of events, and the immediate aftermath.
  • Witness statements: Statements from eyewitnesses can play a pivotal role in corroborating your version of events. Obtain contact information from willing witnesses, ask them to describe what they saw, and document their statements. Witness testimonies can provide an objective perspective that supports your account of the accident.
  • Police reports: If law enforcement responds to the accident scene, a police report will be generated. This report can provide an official account of the accident, including details about the involved parties, witness statements, and the officer’s assessment of the scene. Request a copy of the police report for your records.
  • Medical records: If injuries were sustained in the accident, documenting medical records is essential. Medical reports, X-rays, prescriptions, and receipts for medical expenses should be preserved. These records help establish the extent of your injuries and the associated costs for treatment.
  • Damage assessment: Document the damage to all vehicles involved in the accident. Capture photographs from various angles, including close-ups of specific areas of damage. Obtaining repair estimates from reputable mechanics can further validate the extent of damage and repair costs.

  • Road conditions and environment: Note the prevailing road conditions, including debris, potholes, skid marks, and any other factors that might have contributed to the accident. Additionally, document lighting conditions, weather, and visibility.
  • Personal belongings: If personal items were damaged or lost in the accident, such as electronic devices, clothing, or luggage, document their condition and value. This information could be relevant when seeking compensation for property damage.
  • Communication records: Keep records of any communication related to the accident. This includes conversations with insurance agents, other drivers, and medical professionals. Written records of these interactions can serve as evidence of the steps you’ve taken and the information you’ve provided.
  • Time and date stamps: Note the exact time and date of the accident. These details can be critical when establishing a timeline of events and determining liability.

Proper documentation can significantly impact the outcome of a legal case. Attorneys and insurance companies rely on detailed evidence to build strong cases and accurately assess liability. Adequate documentation can expedite the claims process and ensure that you receive fair compensation.

The Benefits of Effective Documentation

Documentation plays a crucial role in supporting an insurance claim or legal case. Here’s how effective documentation can help:

Establishing proof: Documentation provides tangible evidence to support your claim or case. It helps establish the facts and provides a clear record of the incident, injuries, damages, and other relevant details.

Demonstrating causation: Documentation can help demonstrate the causal relationship between the incident and the injuries or damages claimed. It shows that the injuries or damages directly resulted from the incident in question.

Providing credibility: Well-documented evidence enhances your credibility, as it shows that you have taken the time and effort to gather and organize relevant information. This can strengthen your position and make your claim or case more persuasive.

Supporting valuation of damages: Documentation, such as medical records, bills, and receipts, helps support the valuation of damages. It provides proof of the expenses incurred, including medical treatments, property repairs, and other related costs.

Negotiating settlements: Strong documentation can be valuable during settlement negotiations with insurance companies or opposing parties. It provides a basis for calculating fair compensation and can help you present a compelling case for the amount you seek.

Preparing for litigation: If your case goes to court, thorough documentation becomes even more critical. It provides the necessary evidence to present your case effectively and counter any opposing arguments.

Contact Castan Lecca & Boeschen

In the unfortunate event of an accident, the importance of thorough documentation cannot be overstated. If you find yourself in such a situation, remember that the Castan Lecca & Boeschen team is here to assist you. Our experienced attorneys can guide you through the process of documenting the accident scene effectively and help you navigate insurance claims and legal proceedings. Don’t hesitate to contact us for advice and support when needed.

Documenting accident scenes effectively is crucial in supporting insurance claims and legal cases. The information and evidence you gather can make a significant difference in establishing liability, receiving fair compensation, and ensuring a smoother claims process. 

By following the guidance provided by legal experts and incorporating elements such as photographic evidence, witness statements, and accurate records, you can enhance your chances of a successful resolution after an accident. Remember, documentation is your advocate after an unfortunate event, so prioritize this process to protect your rights and interests.





The Lifesaving Shield: The Crucial Role of Seatbelts in Reducing Car Accident Injuries and Fatalities

The Lifesaving Shield: The Crucial Role of Seatbelts in Reducing Car Accident Injuries and Fatalities

Every time you step into a vehicle, whether for a quick errand or a long road trip, one simple action can make a world of difference in ensuring your safety: wearing a seatbelt. Seatbelts are a cornerstone of vehicle safety, with a proven track record of significantly reducing injuries and fatalities in car accidents. 

As a car accident law firm at Castan Lecca & Boeschen, we understand the vital role seatbelt usage plays in minimizing the impact of accidents.

The cold, hard facts

According to the Centers for Disease Control and Prevention (CDC), more than half of all drivers and passengers who die in motor vehicle crashes each year were not wearing seatbelts at the time of the collision. That’s a staggering statistic that underscores the lifesaving potential of this simple safety measure. In fact, the CDC reports that seatbelts reduce the risk of death in car crashes by about 45% and the risk of serious injury by about 50%.

Mechanisms of protection

The mechanism by which seatbelts protect occupants is straightforward yet critical. In the event of a collision, the force generated can cause the body to move suddenly and violently. Seatbelts restrain occupants and distribute these forces over the strongest parts of the body – the hips and shoulders. This helps prevent occupants from striking the vehicle’s interior or being ejected altogether, reducing the severity of injuries.

Types of injuries prevented

Seatbelts effectively prevent a range of injuries that can occur during a car accident, including:

  • Head injuries: By keeping passengers securely in their seats, seatbelts prevent the head from striking the windshield, dashboard, or other hard surfaces.
  • Whiplash and neck injuries: Properly worn seatbelts help control the head and neck’s sudden forward and backward movement, reducing the risk of whiplash and other neck-related injuries.
  • Ejection: One of the most severe consequences of not wearing a seatbelt is the risk of ejection from the vehicle during a crash. Ejection dramatically increases the likelihood of fatal injuries.
  • Internal injuries: The force of a collision can cause passengers to collide with the vehicle’s interior or each other. Seatbelts mitigate this impact, reducing the risk of internal injuries.
  • Spinal cord injuries: seatbelts prevent sudden jolts that can lead to spinal cord injuries, which can have lifelong consequences.
  • Airbag effectiveness: Airbags are designed to work in conjunction with seatbelts, not as a replacement. Without a seatbelt, airbags alone may not provide adequate protection during a crash.

Real-life impact

To emphasize the real-life impact of seatbelt usage, consider the case of a recent car accident that occurred in Georgia.

In this incident, a vehicle collided head-on with another car while traveling at high speed. The occupants of the first car were wearing their seatbelts, while those in the second car were not. The results were striking: the occupants of the first car suffered minor injuries and were able to walk away from the accident, while the occupants of the second car sustained severe injuries that required hospitalization.

Beyond the basics: advancements and teen safety

Seatbelt usage is not just about buckling up – it’s about embracing technological advancements and addressing specific challenges, such as encouraging teenagers to make seatbelt usage a habit. 

Advanced seatbelt technologies, like pre-tensioners and load limiters, enhance the protection provided by traditional seatbelts. They tighten the belt during a collision to keep occupants firmly in place while minimizing the risk of injury. However, fostering seatbelt habits among teenagers can be challenging. 

According to the National Highway Traffic Safety Administration (NHTSA), teen drivers have a lower seatbelt usage rate than other age groups. Educational campaigns and parental influence play a crucial role in motivating young drivers to prioritize their safety.

The evidence is undeniable: wearing a seatbelt can be the difference between life and death in a car accident. The statistics, research, and real-life examples all underscore the importance of this simple yet crucial safety measure. As a law firm committed to the well-being of Georgia’s residents, Castan Lecca & Boeschen urges you to always wear your seatbelt – no matter how short the trip or your familiarity with the route.

If you or a loved one have been involved in a car accident, remember that our team at Castan Lecca & Boeschen is here to help. Our team is dedicated to protecting your rights, and you receive the compensation you deserve. 

Contact us today for a free consultation, and let us guide you through the legal process while you focus on your recovery and healing.

Remember, a seatbelt is more than just a strap – it’s a lifeline that can save lives and prevent life-altering injuries. Make it a habit, not just a choice, to buckle up whenever you get in a vehicle. Your safety and the safety of your loved ones depend on it.

 

 

 

 

What should I do if I get whiplash from a car accident?

What should I do if I get whiplash from a car accident?

Car accidents can leave victims with a range of injuries, and one of the most common is whiplash. If you’ve recently experienced a car accident and suspect you have whiplash, it’s crucial to understand what steps to take to protect your health and legal rights. In this blog post, we’ll provide valuable insights on what you need to know if you are in this situation.

Understanding Whiplash:

Whiplash is a soft tissue injury when the head is suddenly jerked backward and forward, causing strain on the neck muscles and ligaments. It commonly happens in rear-end collisions, but can occur in various types of accidents. 

Symptoms of whiplash include neck pain and stiffness, headaches, dizziness, shoulder pain, and tingling sensations. It’s important to seek medical attention promptly, as symptoms may not appear immediately after the accident.

If you have been in an accident, these are the steps you should take:

  1. Seeking Medical Attention:The first and most crucial step after a car accident is prioritizing your health. Even if you don’t experience immediate symptoms, it’s essential to consult a healthcare professional to evaluate your condition thoroughly. A medical assessment will ensure early detection of any underlying injuries and create a vital record that can support your claim in the future.
  2. Documenting the Accident:

    To build a strong case, it’s critical to document all aspects of the accident and your injuries. This includes gathering evidence such as pictures of the accident scene, damage to the vehicles involved, and visible injuries. Additionally, keep a record of medical reports, treatment plans, and expenses related to your whiplash injury. These documents will serve as crucial evidence when filing a claim.
  3. Contacting a Personal Injury Attorney:

    Navigating the legal process alone can be overwhelming, especially when dealing with insurance companies. Consulting a personal injury attorney specializing in car accident cases, at Castan Lecca & Boeschen, we can significantly enhance your chances of receiving fair compensation. We will guide you through the entire claims process, protect your rights, and negotiate with insurance companies on your behalf.

  4. Filing an Insurance Claim:

    You must file an insurance claim with the at-fault driver’s insurance company to seek compensation for your whiplash injury. It’s crucial to provide all necessary documentation, including medical records, police reports, witness statements, and other evidence related to the accident. Your attorney will help you navigate this process, ensuring your claim is comprehensive and persuasive.

  5. Evaluating Compensation:

    The compensation you may receive for your whiplash injury depends on various factors, including the severity of your injuries, medical expenses, pain and suffering, lost wages, and the impact on your quality of life. Evaluating the potential value of your claim is complex and requires considering both economic and non-economic damages.

    When assessing economic damages, the focus is on quantifiable losses, such as medical expenses, rehabilitation costs, and lost wages. These damages can be calculated based on actual expenses and documented financial losses.

    Non-economic damages, on the other hand, are more subjective and cover intangible losses, including pain and suffering, emotional distress, and the impact on your quality of life. These damages are often more challenging to quantify, as they don’t have a set monetary value. However, they can significantly contribute to the overall compensation you receive.

How Much Is My Whiplash Injury Worth? Claims & Payouts:

Determining the specific value of your whiplash injury settlement can vary widely based on individual circumstances. Factors such as the severity of your injuries, length of recovery, impact on daily activities, and the expertise of your legal representation all play a role in calculating the worth of your claim.

While there is no fixed formula for calculating whiplash settlements, specific guidelines can help estimate potential payouts. Minor whiplash injuries that resolve within a few weeks or months may result in lower compensation than more severe cases with long-lasting or permanent effects.

Insurance companies typically consider medical expenses, ongoing treatment costs, lost wages, and the impact on daily life when evaluating the value of a whiplash claim. They may also consider the credibility of medical documentation, the strength of the legal case, and the likelihood of success if the claim were to go to court.

It’s important to note that each case is unique, and outcomes can vary significantly. Working closely with an experienced personal injury attorney will ensure that all relevant factors are considered, and your claim is aggressively pursued for maximum compensation.

Suffering from whiplash after a car accident can be a painful and stressful experience. By understanding the necessary steps and seeking professional guidance from Castan Lecca & Boeschen, you can protect your health and legal rights and secure the compensation you deserve. Remember, the key to a successful claim is seeking medical attention promptly, documenting the accident, enlisting the support of a knowledgeable personal injury attorney, and carefully evaluating the potential value of your whiplash injury settlement.

If you or a loved one has been affected by a car accident resulting in whiplash, contact Castan Lecca & Boeschen today to schedule a consultation. Our dedicated team is committed to helping you navigate the complexities of the legal process and securing the compensation you deserve.





How is fault determined in a pedestrian accident case?

How is fault determined in a pedestrian accident case?

A big part of being a personal injury lawyer is identifying and proving that other parties were responsible for the harm caused to our clients. Only skilled and experienced attorneys can correctly determine fault when it comes to more complex cases, like those related to pedestrian accidents. 

From car crashes, and motorcycle mishaps to insurance company claims, pedestrian accidents can have many characteristics that make them difficult to solve at first glance. Still, our team at Castan Lecca & Boeschen is more than capable of seeing the small details and figuring out a successful winning strategy for most of our clients.

Knowing how to determine fault in these personal injury cases is what makes the difference at the end of the day. In this blog post, we will show you how to identify the most common ways to establish liability in pedestrian accidents.

Eyewitness Testimony

This is easily one of the most important factors in any pedestrian accident case. Eyewitness testimonies can corroborate the story of the victim and provide details that will surely help any investigation. Witnesses who observed the accident can provide crucial information about what happened and help determine fault. Interviews, depositions, and court testimonies are the most common way to gather everything an eyewitness can offer.

Having many people support the same story is a clear way to establish credibility for the victim and fault for any parties involved that behaved negligently. Passersby and police officers are perfect eyewitnesses for any pedestrian accident case.

Video Surveillance or Photographs

An invaluable piece of evidence in any pedestrian accident case would have to be anything related to a photo or video, especially if it shows the exact moment when the accident itself happened. These types of recordings or pictures can clear out any ambiguity left by the eyewitness accounts, allowing a personal injury lawyer to build an even stronger case. 

Many pedestrian accident cases are decided with this type of evidence because it’s more definitive than any type of eyewitness testimony. As they say, A picture is worth a thousand words.

Police Reports

Many people hesitate to call the police right after an accident happened to them. Perhaps because they are afraid to get in trouble, or maybe because they don’t understand the correct procedure they need to follow if they want to pursue the incident legally. In any case, filing a police report can be a make-or-break decision when it comes to any pedestrian accident case, and any personal injury lawyer would advise you to follow through with it.

Any properly done police report may contain information about the accident, including statements from involved parties, witnesses, and any preliminary assessments of fault. Having this document prepared beforehand could facilitate and improve the chances of receiving a favorable outcome and adequate compensation later on.

Accident Reconstruction

In more complex situations, a personal injury lawyer might feel the need to consult with an expert to reconstruct the accident and analyze the evidence with a specialized eye. Accident reconstruction experts may be called upon to recreate the accident scenario and provide further insight into who was truly at fault. 

They use techniques such as examining vehicle damage, skid marks, and other physical evidence to determine factors like vehicle speeds and positions at the time of the collision. These professionals work hand in hand with personal injury lawyers to determine the facts of the situation and present a solid case.

Pedestrian Behavior

Finally, analyzing and interpreting the behavior of the victim before, during, and after the accident is another way to establish fault in these types of cases. Many personal injury lawyers know that time is of the essence in these situations, and this also comes into play when it relates to how the victim acted. Did they call the police? Were they crossing the street correctly? Are they gravely injured? These and many other questions can completely change the perspective of any pedestrian accident case.

Factors such as whether the pedestrian was using designated crosswalks or obeying traffic signals are the first things any personal injury lawyer will assess before even investigating other aspects of the case. After proving that the victim was not acting negligently, other investigations can be done properly

Details regarding traffic laws and regulations are also taken into account since they should govern the behavior of drivers and pedestrians on the road. Violations of these laws, such as speeding, running a red light, or failing to yield the right-of-way, can be strong indicators of fault.

If you have been involved in a pedestrian accident recently, don’t hesitate to contact Castan Lecca & Boeschen. We will look at your case and advise you on your future legal moves. Trust our experienced and skilled team of personal injury lawyers in this difficult time of your life, so we can fight for your rights and aim to obtain compensation for all the damages and losses you may have suffered.



 

 

How Can a Medical Malpractice Attorney Help Me in Atlanta?

How Can a Medical Malpractice Attorney Help Me in Atlanta?

Medical malpractice is one of the most painful situations patients and their families can experience. When we visit a medical facility, we expect to receive excellent care. However, mistakes can sometimes happen, seriously affecting the patient’s health.

In this blog post, we will discuss the reasons behind medical malpractice, provide steps for gathering evidence, and explain how a specialized medical malpractice attorney in Atlanta can protect your rights and help you seek fair compensation if you become a victim of medical negligence.

What are the reasons behind medical malpractice cases?

There are several reasons why medical malpractice cases may occur, including:

  1. Diagnostic mistakes: Doctors can make mistakes in diagnosing an illness or medical condition, leading to incorrect treatments or delays in receiving appropriate treatment.

  2. Lack of experience: Newly graduated doctors or those who do not have sufficient expertise in a specific area may make errors in diagnosing, performing procedures, or prescribing medication. This can be particularly dangerous in cases of serious illnesses or emergencies.

  3. Work overload: Doctors who have excessive workloads or are exhausted may be more prone to making mistakes. The lack of time and pressure to treat many patients can lead to dangerous oversights in patient care.

  4. Defective medical equipment: Medical equipment that is not in working condition can cause harm to patients. If doctors fail to ensure the proper functioning of equipment before using it, they may make mistakes and jeopardize the patient’s well-being.

  5. Negligence: Occasionally, healthcare professionals may act negligently and cause harm to patients.

What Should You Do If You Are a Victim of Medical Malpractice?

If you have been a victim of medical malpractice and wish to file a claim, it is essential to gather evidence and collect the necessary information to support your case. Among the documents you should obtain are:

  1. Medical records: Collect all your medical records, including treatment, hospitalization reports, physician notes, test results, medical images, prescriptions, and other relevant documentation. These records will support your claims and serve as evidence in your case.

  2. Expert reports: Get second opinions from other doctors who can evaluate your situation and provide a professional opinion regarding the existence of medical negligence in your case. These reports can support your claims and strengthen your case.

  3. Witness testimonies: If there were eyewitnesses to the medical negligence, try to obtain their testimonies. These testimonies can support your claims and provide additional evidence.

  4. Bills and medical expenses: Keep a detailed record of all bills and medical expenses related to medical negligence, such as additional treatments, medications, therapies, visits to specialist doctors, etc. These records will be necessary for calculating the economic compensation you may seek.

  5. Follow-up reports: If you have sought additional medical care after the medical negligence, get reports and documentation related to your current health status. These reports can demonstrate the lasting effects of negligence and the need for further treatment.

  6. Records of conversations and communications: If you have had conversations with medical staff, keep a detailed record of the dates, times, and content of the conversations. This can be useful to support your claims and demonstrate any negligence or lack of communication.

  7. Record of damages and losses: Keep a record of the physical, emotional, and financial effects you have experienced as a result of the medical negligence. This may include pain, suffering, loss of income, additional expenses, and any other harm you have suffered.

At Castan Lecca & Boeschen, our specialized team in medical malpractice can provide you with a wide range of services and support to help you face and resolve your case with superior results.

We will be with you every step of the way:

  1. We will evaluate your case.
  2. We will provide legal advice.
  3. We will gather the evidence.
  4. We will negotiate fair compensation with the insurance company.
  5. If necessary, we will accompany you through the legal process.
  6. And finally, we will strive for superior results! We will assist you in receiving fair compensation, which may include medical expenses, loss of income, pain, suffering, emotional damages, and other losses related to medical negligence.

Remember that each medical malpractice case is unique, so it is important to consult with our team of attorneys to receive specific guidance based on your situation. Call us today at 6788253611 to schedule your free legal consultation.





How is fault determined in a pedestrian accident case?

How is fault determined in a pedestrian accident case?

A big part of being a personal injury lawyer is identifying and proving that other parties were responsible for the harm caused to our clients. Only skilled and experienced attorneys can correctly determine fault when it comes to more complex cases, like those related to pedestrian accidents. 

From car crashes, and motorcycle mishaps to insurance company claims, pedestrian accidents can have many characteristics that make them difficult to solve at first glance. Still, our team at Castan Lecca & Boeschen is more than capable of seeing the small details and figuring out a successful winning strategy for most of our clients.

Knowing how to determine fault in these personal injury cases is what makes the difference at the end of the day. In this blog post, we will show you how to identify the most common ways to establish liability in pedestrian accidents.

Eyewitness Testimony

This is easily one of the most important factors in any pedestrian accident case. Eyewitness testimonies can corroborate the story of the victim and provide details that will surely help any investigation. Witnesses who observed the accident can provide crucial information about what happened and help determine fault. Interviews, depositions, and court testimonies are the most common way to gather everything an eyewitness can offer.

Having many people support the same story is a clear way to establish credibility for the victim and fault for any parties involved that behaved negligently. Passersby and police officers are perfect eyewitnesses for any pedestrian accident case.

Video Surveillance or Photographs

An invaluable piece of evidence in any pedestrian accident case would have to be anything related to a photo or video, especially if it shows the exact moment when the accident itself happened. These types of recordings or pictures can clear out any ambiguity left by the eyewitness accounts, allowing a personal injury lawyer to build an even stronger case. 

Many pedestrian accident cases are decided with this type of evidence because it’s more definitive than any type of eyewitness testimony. As they say, A picture is worth a thousand words.

Police Reports

Many people hesitate to call the police right after an accident happened to them. Perhaps because they are afraid to get in trouble, or maybe because they don’t understand the correct procedure they need to follow if they want to pursue the incident legally. In any case, filing a police report can be a make-or-break decision when it comes to any pedestrian accident case, and any personal injury lawyer would advise you to follow through with it.

Any properly done police report may contain information about the accident, including statements from involved parties, witnesses, and any preliminary assessments of fault. Having this document prepared beforehand could facilitate and improve the chances of receiving a favorable outcome and adequate compensation later on.

Accident Reconstruction

In more complex situations, a personal injury lawyer might feel the need to consult with an expert to reconstruct the accident and analyze the evidence with a specialized eye. Accident reconstruction experts may be called upon to recreate the accident scenario and provide further insight into who was truly at fault. 

They use techniques such as examining vehicle damage, skid marks, and other physical evidence to determine factors like vehicle speeds and positions at the time of the collision. These professionals work hand in hand with personal injury lawyers to determine the facts of the situation and present a solid case.

Pedestrian Behavior

Finally, analyzing and interpreting the behavior of the victim before, during, and after the accident is another way to establish fault in these types of cases. Many personal injury lawyers know that time is of the essence in these situations, and this also comes into play when it relates to how the victim acted. Did they call the police? Were they crossing the street correctly? Are they gravely injured? These and many other questions can completely change the perspective of any pedestrian accident case.

Factors such as whether the pedestrian was using designated crosswalks or obeying traffic signals are the first things any personal injury lawyer will assess before even investigating other aspects of the case. After proving that the victim was not acting negligently, other investigations can be done properly

Details regarding traffic laws and regulations are also taken into account since they should govern the behavior of drivers and pedestrians on the road. Violations of these laws, such as speeding, running a red light, or failing to yield the right-of-way, can be strong indicators of fault.

If you have been involved in a pedestrian accident recently, don’t hesitate to contact Castan Lecca & Boeschen. We will look at your case and advise you on your future legal moves. Trust our experienced and skilled team of personal injury lawyers in this difficult time of your life, so we can fight for your rights and aim to obtain compensation for all the damages and losses you may have suffered.



 

 

How can a premises liability attorney help me in Atlanta?

From slippery floors with no warning signs to untrained aggressive dogs, you might encounter hazardous conditions when going out. Fortunately, property owners and businesses have a duty to keep their property safe and free of any hazards for employers, visitors, and customers. This reduces any risks and promotes public safety.

But sometimes, property owners don’t uphold their responsibilities, and due to negligence, customers and employees get hurt or ill. Depending on the circumstances and the type of hazard, victim injuries can vary from cuts and bruises to head injuries, cancer, or even death.

These injuries will entail a long recovery, physical therapy, or even surgery, leaving victims with sometimes permanent disabilities, PTSD, and anxiety. On top of that, there’s the stress of medical bills, taking time off from work, and reduced earning capacity.

Premises liability is part of the personal injury law; these types of attorneys help people injured or fallen ill because of dangerous or hazardous conditions resulting from the property owner’s negligence. If you or a loved one has been injured and believe you are entitled to some compensation, reach out to your attorneys, as there is a set time to make a claim.

Most common types of premises liability claims


The most common type of premises liability injuries are:

  • Slip and falls
  • Injuries from falling objects
  • Escalator or elevator accidents
  • Snow and ice hazards
  • Inadequate maintenance
  • Insufficient security
  • Water leaks or flooding
  • Fires
  • Porch, patio, or stairs collapsing
  • Dog bites or attacks
  • Defective conditions such as unstable ceilings and walls
  • Faulty amusement park rides
  • Exposure to hazardous chemicals or toxic materials such as lead or mold.
  • Failure to inform a visitor of unsafe conditions
  • Inadequately guarded swimming pools
  • Inadequate maintenance
  • Injuries resulting from an act of violence or any criminal acts
  • Defective stairs or railings
  • Accidents caused by uneven terrain, unnoticeable stairs, or slippery surfaces

Multiple things must be proven to receive compensation if you have been injured on someone else’s property, business, or home.

  • The owner was aware of the hazard and failed to ensure the proper safety conditions.
  • The owner failed to inform any visitors of the potential risk.
  • The owner didn’t prevent or do anything to avoid the danger.
  • Your injury or illness is a direct result of this danger.


What premises liability attorneys do

A premises liability lawyer will guide you through this process, review all the facts and determine if you have a case. They can also assist you in:

  • Conduct a thorough investigation and verify how the incident occurred.
  • Collect any evidence, like videos and photographs of the scene of the accident.
  • Interview any witnesses to the accident.
  • Show the circumstances of the incident and how the property owner is liable.
  • Prove that the owner is at fault.
  • Build the case with all the details and evidence.
  • Create a strategy to seek compensation on your behalf.
  • Represent you in the negotiations with the different parties, including the insurance companies. 
  • Represent you in a court of law, if necessary.
  • Guide you and inform you through every step of the case.


Compensation for premises liability cases


You may be entitled to financial compensation if you prove someone was responsible for your injuries. In these cases, there are monetary damages for medical expenses, lost wages, and reduced earning capacity. Non-monetary damages could also be awarded; this covers loss of quality of life or pain and suffering; this can be difficult to prove, so it likely would be discussed and settled by the jury.

If the accident was fatal, your attorneys could assist family and next of kin by filing a wrongful death claim. In this case, the family could be entitled to the same compensation as mentioned above, plus funeral or burial expenses, loss of income that the person could earn in their lifetime, and loss of care or companionship.

In some specific situations, the victim or their family could pursue punitive damages; this refers to cases or circumstances that have been outstandingly bad or done with malice and are used to punish and make an example of the responsible party.

As you have seen, multiple factors must be taken into account in a premises liability claim, don’t feel pressured or rushed to settle with insurers before reviewing your case with the help of an experienced attorney.


Statute of limitations for premises liability cases in the state of Georgia

In the state of Georgia, there is a two-year deadline for personal injury cases and a four-year deadline for claims involving damage to personal property. This is known as the statute of limitations to create a claim; if you are outside this window, an exception could apply.

The sooner you start working with an attorney and collect all the evidence required, the easier it will be to build a case. Contact your trusted and experienced attorneys at Castan & Lecca; we will review the circumstances of your accident and advise you on what you could be entitled to.

 

 

 

Which Injuries Are Not Covered by Workers’ Compensation?

Regardless of all of the precautions and safety measures in place, sometimes work-related accidents can still occur. According to the Bureau of Labor Statistics, total employer compensation costs for civilian workers averaged $42.48 per hour worked in December 2022.
As an employee, you should know that there are structures in place that ensure you are covered if you happen to be injured in a work accident.

If you suffer a burn, fracture or concussion on the job during the ordinary course of work, then you may be entitled to compensation through the workers’ compensation program. Furthermore, if there is evidence that there was no way to avoid the accident and someone else caused the injury, it is possible to still be eligible for benefits. But there are certain injuries that are not covered by the program.

In this blog, we will review a few injuries that are not eligible for workers’ compensation:

  • Commuting to Work
  • Injuries from Intentional Fighting
  • Intentional Injuries
  • Injuries from Drug or Alcohol Use


Commuting to Work

Workers’ compensation payments (which are paid out by your employer) occur when you’ve sustained an injury during the course of your job. Injuries sustained in the workplace are largely covered.

While commuting means you are intending to go to work, you’re still not technically at work. Commuting itself is not a part of your job, which means if you are injured in a car accident during this time, workers’ compensation may not apply to your situation.

It’s important to know that if you leave your job site to go on a break or go get food for lunch and sustain an injury during this time, the injury may not be covered by workers’ compensation protection—even if you were on the clock. However, if an injury occurs in the break room or cafeteria, you may be eligible for benefits.

Car accident injuries sustained while you are trying to get to your workplace do not fall under injuries eligible for workers’ compensation. However, if you use a car or drive as a specific part of your job, you might be eligible. It’s best to get a free consultation from a trusted, experienced legal team like Castan & Lecca so that they can review your case. They’ll be able to tell you exactly what you can expect. 


Injuries from Intentional Fighting

If you engage in a fight while you are at work, any injuries sustained from that altercation may not be covered by workers’ compensation. Since fights occur outside of ordinary work duties, injuries from them are not covered unless it was directly involved with a specific work issue.

However, if ongoing fighting or physical altercations occur and the employer neglects to take responsibility for these issues, you may be eligible to receive compensation. Each case is different, so be sure to review the particulars of your situation with a trusted attorney like those at Castan & Lecca.


Intentional Injuries

While accidents do happen and workers are compensated for their injuries sustained at work, sometimes employees engage in dishonest practices. Workers compensation fraud could include employees intentionally trying to injure themselves so that they can get a pay out.

This dishonorable behavior is not at all eligible for workers’ compensation benefits. Every employee should know that each workers’ compensation case is investigated by several different parties–including the state board. If the nature of the case reveals an intentional injury has occurred, the injured employee will most certainly not receive benefits. 


Injuries from Drug or Alcohol Use


If an employee is under the influence of alcohol or drugs while injured at work, the injury that might occur will not be covered by workers’ compensation. The employee will be deemed as engaging in reckless behavior that not only endangers themselves but their fellow coworkers around them.

If you are driving while impaired on drugs or alcohol, you may not be eligible for workers’ compensation. Since DUIs can occur due to the person’s own decisions and out of the scope of your work, your employer will not cover it.

It’s important to stay aware of your own behavior while commuting to work and while at work. This is especially true if the nature of your work includes operation of heavy machinery. Workers owe it to themselves and those around them to stay sober and safe during–and before–work hours.

What to Know About Workers’ Comp

So what can you do if you’ve been injured during the course of your work duties? You may be eligible for workers’ compensation benefits, which will be paid out by your employer. But there are a few things you should know:

  1. Get help immediately. If you’ve been injured on the job, seek medical help immediately so that your injuries can be treated. 
  2. Let your employer know. The sooner you let your employer know of your injury, the sooner you may be able to receive workers’ compensation. 
  3. Document your injury. If you’re able, be sure to document everything about the nature of the accident and injury. This includes getting witness statements and evidence. It also includes keeping track of medical bills and documentation. 
  4. Be aware of filing deadlines. You should file your claim with the Georgia Workers’ Compensation Board as soon as possible so that you do not miss deadlines and delay your benefits.

An experienced legal team can help you ensure that your benefits get to you as quickly as possible. Speak to us today. 


The Takeaway


Workers’ compensation can be a lifeline to those injured on the job. But many times, certain injuries are not eligible for benefits. It’s important for employees to stay informed about their rights and which injuries fall under workers’ compensation. 

If you’ve been injured at work, you should know your options and what is available to you. Speak to us today and get a free consultation. We’re ready to hear your story.

 

 

 

 

What is premises liability and how does it apply to restaurants

Going out to eat at your neighborhood’s favorite restaurant is the perfect weekend activity. Whether you’re going out with family or friends, sharing a meal at your favorite spot is supposed to be a fun and pleasant experience. 

According to a new survey, around 56% of Americans who eat out will do so between 3–4 times a week, including eating at restaurants and ordering food to go. So eating out is a fave for the everyday American, but sometimes, an injury or accident could taint this fun activity. If this happens, the restaurant could be liable if this was caused by negligence of the restaurant owner. 

Premises liability is the legal concept where a property owner is liable for injuries to guests and visitors. In order to win a premises liability case, the guest or customer must prove that the property owner was negligent concerning ownership or maintenance of the premises. This commonly occurs in personal injury cases where the incident happened at a public place, like a restaurant.

It’s important to note that just because you were injured at someone else’s property does not mean the property owner was negligent or created an unsafe situation for them to be liable. You need to show and prove that the property owner knew or should have known that the premises were dangerous for the customers. 

Restaurant owners are responsible for providing a safe space for their guests and visitors and providing a warning when conditions may be unsafe. They can be held accountable for injuries happening on the premises, including parking lots and surrounding areas. The most common injuries they could be liable for are slips and falls caused by spills, uneven flooring or pavement outside the restaurant, and poorly lit areas like parking lots.

 

Here are some examples of Premises Liability cases

Slip and fall:  These are the most straightforward premises liability cases; some common conditions that lead to a slip and fall are:

  • Food or drink spill
  • Accumulation of ice and snow
  • Wet or oily floors
  • Hidden extension cords
  • Unsecured carpets or rugs
  • Broken/loose tiles or wooden floors, steps, or sidewalks

Defective conditions on the premises: This can be because of poor design, repairs or construction, building code violations, unmarked hazardous areas or insufficient maintenance. It includes: missing or damaged stairs, inadequate handrails, and damaged doors or windows. 

 

 

Inadequate security: Most common in an apartment or office buildings but could also apply to restaurants. 

Fires, water leaks, and floods: On the rare occasion a fire or flooding happens, the premise could be liable if these conditions cause injury. 

Slips and falls because of spills are the #1 cause of injury in restaurant liability cases. Still, the customers must prove negligence in any case, so showing that the restaurant created a hazard, knew of it, or should have known of it is vital. Evidence of how long the spill was there, with no one cleaning it, will be a deciding factor in the case. 

 

 

Restaurants could also be liable for negligent security if they have created an unsafe environment or conditions inside and around the restaurant. For example, if a drunken customer attacks or assaults another customer, the restaurant could be liable for providing alcohol to an already intoxicated person, especially if there has been a history of fights at that location. A dark parking lot could also be considered unsafe. Suppose there’s a history of robbery or rape at the site, and the owners didn’t provide additional security or lighting. In that case, they could be liable for creating unsafe conditions for their customers. 

In order to file a negligence claim seeking damages, the customer must prove four elements:

  1. Must show that there was a dangerous condition on the property:  From a spill in the floor to a loose handrail, the customer must prove there was something causing danger in the premises. 
  2. Prove that the property owner knew or should have known of the danger: This refers to the owner’s duty of inspecting the property for dangerous conditions. 
  3. The third element refers to the property owner not fixing the situation: Failing to clean up a spill, repair the damage or prevent customers from going through any hazard that could cause injury.
  4. Finally, the customer must prove that this caused their injuries: In Georgia, this requires establishing that the dangerous conditions caused the injury. This means that the incident is a direct result of the hazard. 

Like any other public site, restaurants have the legal duty of keeping their customers safe from dangerous conditions. Exposing them to any hazard will leave the business owner liable.

Getting a team of attorneys to determine the best course of action will be the first step in filing a personal injury claim. Contact the personal injury experienced attorneys at Castan & Lecca; we have represented many accident victims who were injured due to unsafe conditions. 

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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.