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?

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:

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

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.
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.
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.
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.
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.
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.
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:

We will evaluate your case.
We will provide legal advice.
We will gather the evidence.
We will negotiate fair compensation with the insurance company.
If necessary, we will accompany you through the legal process.
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?

Eyewitness Testimony

Video Surveillance or Photographs

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

Accident Reconstruction

Pedestrian Behavior

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:

Get help immediately. If you’ve been injured on the job, seek medical help immediately so that your injuries can be treated.
Let your employer know. The sooner you let your employer know of your injury, the sooner you may be able to receive workers’ compensation.
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.
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:

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.
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.
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.
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.

Who to notify after an accident on the job?

Creating a safe working environment is a priority for employers and employees; most companies have specific programs to prevent work-related injuries, but sometimes that’s not enough. If you get injured by performing any task at work, the first step should always be reporting it to your employer, preferably in writing, and the sooner you do it, the better. You’re not doing yourself or your employer any favors by pushing through pain or ignoring an injury.

Reporting an injury at work immediately should be obvious, but in many cases, employees fail to do so; even if you don’t require immediate medical attention, reporting the incident to your supervisor is essential and will prevent many potential issues. When an accident is not reported, your employer can deny medical treatment or will try to imply the injury happened outside of the workplace, causing problems with your workers’ comp benefits.

Failing to report an incident on time can cause several problems, not only with your employer but with your workers’ compensation insurance carrier or private health insurance.

Types of injuries sustained at the workplace

Most commonly, there are two types of injuries an employee can sustain at their workplace: an acute one, which refers to a sudden accident, fall, or strain, and an injury sustained over time, like carpal tunnel syndrome and repetitive use syndrome, among others.

No matter the type of injury, reporting it is essential since, under Georgia Law, the employee has 30 days to report it. So if the injury was acute, it should be reported immediately after. The 30-day period would begin to count for injuries sustained over time when the worker realizes they can’t perform their usual duties.

Workers’ compensation rights and responsibilities

According to Georgia Law, most, if not all, workers who suffered an injury at the workplace are eligible for some degree of benefits through the worker’s compensation system. These benefits can include reimbursement for medical treatment, rehabilitation support, loss of wages, and supplemental income. In the case of death, the worker’s dependents may also be eligible to claim certain benefits.

While finding an at-fault party is not typically a deciding factor in receiving workers comp benefits, workers should demonstrate a level of responsibility by following the process after sustaining an injury.

You should take these steps to protect your case:

Report the injury: Report the incident to your supervisor immediately and preferably in writing. Telling a coworker isn’t sufficient, also doing it promptly is vital. Waiting more than 30 days to report it can cause you to lose the opportunity to receive your benefits.

Get a list of approved doctors: Your employer should provide a list of approved doctors (sometimes known as a “panel of physicians”) you are allowed to see. If you need this list, ask your supervisor or the HR department.

If you have the approved doctor’s list and decide to go to your family doctor, your employer’s insurance company could use this as an argument to deny your worker’s comp benefits. If your employer doesn’t provide a list in a timely manner, go to your family doctor if required.

Get medical treatment: Schedule an appointment as soon as possible with one of the physicians and follow the treatment plan to the letter, including follow-up appointments, tests, and physical therapy if that’s the case. If you need emergency medical treatment, your employer worker’s comp insurance company must pay regardless.

File a claim with Georgia State Board of Workers’ Compensation: To protect your rights, file a claim with the State Board of Workers’ Compensation and send a copy to your employer and their workers’ comp insurance carrier. You can access it online or call the State Board directly.

Request a copy of the report and any notes filed on your case: Ask your employer for a copy of the report they must file to their insurance company and have all your medical records and files in order.

Update your employer on any changes: If your doctor gives you any restrictions to return to the job or excuses you from work, you need to keep your employer updated. All this information should be done in writing, and you should keep copies of your own. If your doctor excuses you from work indefinitely, check with your employer how to handle this situation and follow any agreement to the letter.

Ensure the insurer is informed of your injury: Most companies have a workers’ compensation insurance company that handles the claims for them; make sure the HR Department has reported your injury to them. It’s always good to check directly, so ask for the contact information of the agent handling your case.

Talk to an attorney: Last but not least, contact the trusted attorneys at Castan & Lecca if you believe you should file a workers’ compensation claim. We have handled countless cases, helped many workers get the benefits they deserve, and overcome any obstacles that may arise in the process.

How do weather conditions affect car accidents?

Commuting to and from work is part of most people’s daily activities; in fact, workers in Georgia have one of the longest commuting times in the country, with an average of 28.4 minutes each way. All this time on the road leaves Georgia residents more vulnerable to car accidents; recent statistics show more than 1,720 drivers are involved in accidents daily! That’s around 70 car accidents per hour. And one of the top 10 leading causes of car accidents is bad weather.

The fact is, bad weather increases the chances of a car accident, conditions such as fog, rain, and snow can hamper visibility and impact the performance of your vehicle.

Types of “bad weather”

When someone says “bad weather,” what first comes to mind is snow, but there are more categories of bad weather that can affect driving.

Black ice: When rain or snow freezes on the road, it creates black ice, patches of ice especially tricky to spot, hitting them can cause drivers to lose control of the vehicle in a matter of seconds.
High winds: Strong winds can cause debris like tree branches to hit the car and also, make large vehicles harder to control and cause them to rollover.
Rain: From a light drizzle to pouring rain, any type of precipitation can be dangerous; it makes the road slick, especially during the first 10 minutes of rain.

You may think that snow and black ice are the leading causes of weather-related car crashes, but the truth is that rainy conditions and wet pavement take the lead on what causes the most weather-related accidents.

Why is driving in the rain so dangerous?

Poor visibility: Heavy rain causes diminished visibility, affecting the driver’s ability to see ahead for obstacles and other drivers. According to the FHWA, nearly 70% of weather-related crashes occur on wet pavement.
Hydroplaning: This occurs when the car’s tires don’t have proper traction due to wet road surfaces, which can cause drivers to spin and lose control of the vehicle.
Speeding: Drivers often fail to adjust their speed when it’s raining, often causing rear-ended accidents.

How to prevent a weather-related car accident?

The best way to prevent a weather-related car accident is to avoid driving in these conditions, which is often impossible for most drivers. So if you have to drive, slow down, pay attention to the road, and take additional precautions like:

- Avoid braking suddenly: If you feel like your car is slipping, don’t brake; take your foot off the gas and turn the steering wheel in the direction you are skidding while gently tapping the brake pedal. This will likely straighten the path of the vehicle.
- Stay focused on the road: When weather conditions are hazardous, pay extra attention to the road ahead, and put away anything that might distract you, especially your phone. Other drivers or pedestrians could be stopped ahead, and you need extra time to brake, especially when the road is slippery.
- Slow down: There’s nothing worse you can do than speeding in bad weather; your safety is more important than getting home early. A slower pace allows you to brake if there are any obstacles in the road.
- Increase the distance between you and other vehicles: Double the distance between you and the car ahead, and avoid driving right next to another vehicle.
- Keep your headlights on: Even if it’s daytime, having them on will increase visibility and allow other drivers to see you in the distance. If the weather worsens, consider turning on your hazard lights, especially if you are slowing down.

Stay calm: Driving in hazardous weather can be scary even for the most experienced drivers, you may feel extra nervous, but staying calm is key to making smart and safe decisions.

Winterize your vehicle: If winter is approaching, make sure your tires and windshield wipers are in good condition, and replace them if necessary.

Car accident injuries can sometimes be nearly fatal, requiring a hospital stay, long-term medical care, and physical rehabilitation, leading to substantial hospital bills, loss of wages, and more. If you are in this unfortunate situation, you could wonder if you can get financial compensation. If a faulty party is involved, you might be entitled to it, but when the weather plays a role in a car accident, figuring out who’s at fault can be very tricky. However, the driver that caused the accident could still be liable as there are preventative measures that could have been taken to avoid it.

If you or a loved one are in this situation, reach out to an experienced attorney in Castan & Lecca that can assist you and figure out whether you are entitled to any type of compensation and how to handle this case.

Why is it important to seek medical attention right after an accident?

An accident can happen anytime and anywhere. Whether it be a car accident or a slip and fall, these incidents can cause serious physical pain and emotional damage. If these events were to ever happen to you, one of the best things to do is to seek medical attention immediately.

Why? Receiving medical care after an accident can help you know the kinds of injuries you sustained, detect any hidden injuries, provide you with the right treatment for a full recovery, and even be the proof you need for compensation.

In this blog post, we’ll explain the benefits of seeking medical attention and what you should do after an accident.

Reasons You Should Seek Medical Attention After an Accident

After an accident, it is normal for you to feel overwhelmed and confused. You might even be tempted to ignore your injuries and move on with your life. However, that would be the worst mistake you could make for your long-term health and well-being.

These are some of the other reasons you should seek medical attention after a car accident:

Detecting hidden injuries: Most injuries after an accident may not be felt right away, but if left undetected and untreated, they can worsen over time. However, a thorough medical examination can help you identify these injuries and give you the treatment you need.
An adequate treatment: With a prescribed medical treatment, not only will you have a complete recovery, but you may reduce the risk of any long-term complications down the road. A doctor may also provide you with physical therapy and medication to relieve your pain and reduce inflammation, as well as provide rehabilitation exercises to help strengthen injured areas.
Legal protection: If you were injured in an accident, whether it be at work, in traffic, or a public area —and the incident was caused by someone else’s negligence— you should seek medical attention immediately. By doing so, you’ll be able to document your injuries which can then help you establish that your injuries were indeed caused by someone else.

What are the cases in which seeking medical attention is even more important?

In some cases, seeking medical attention after an accident is even more important due to the severity of the injuries. These physical damages should be detected and treated as soon as possible to avoid further complications. Here are some specific examples of injuries where you shouldn’t waste time in seeking medical attention:

Head injuries: Any blow to the head shouldn’t be taken lightly. It can lead to serious complications, including brain contusions, skull fractures, and hemorrhages. If you get hit in the head, seek medical attention immediately to detect and treat these injuries as soon as possible.
Spinal cord injuries: After an accident, any injury or blow to the spine is another major concern. It can cause fractures, dislocations, and severe trauma to the back and spine. If you feel you have a spinal cord injury, stay as still as possible and call 911 to receive medical attention immediately.
Internal organ damage: Any internal organ injury can be hard to detect at first but can be life-threatening if left untreated. If you feel abdominal pain, difficulty breathing, or any other symptoms that may suggest internal damage, find medical attention right away.

What other steps should I take after an accident?

Seeking medical care is just the beginning of what you should do after an accident. Other steps include:

If you had a car accident, you’ll need to also call the cops for them to arrive at the accident scene. They can provide you with an official police report that clarifies who was most likely at fault.
If you had a workplace accident, you’ll need to notify your employer right away about what happened. If you wait more than a month to report what happened, you may lose on receiving your workers’ comp benefits.
Gather as much evidence as possible. Take pictures of the accident scene and your injuries, and get the names and contact information of witnesses. All of these proofs can help you back up your claim.
Contact an accident attorney. If you were injured due to someone else’s negligence, a lawyer can help you receive compensation for your damages.

Here are some final words for you

For you to get back on your feet after an accident, the best decision you can make is to seek medical attention right away to detect and treat your injuries. That is why when you visit an emergency room or a physician, disclose all information about the incident, the pain you feel, and any questions you may have. It doesn’t matter if you don’t feel pain right away. Always get yourself checked to avoid any future health complications.

The other step you should take is to contact an attorney to help you with your case. If you’re not sure whom to reach out to, at Castan & Lecca, our team of exceptional attorneys is ready to fight your personal injury, car accident, or workers’ comp case.

Not only are we willing to hear your story and provide you with a legal strategy, but if needed, we can also point you to medical care professionals we trust to give you the treatment you deserve.

If you have been injured due to an accident, contact us today to schedule a free consultation with one of our attorneys.

Can I file for a workers’ compensation claim if I am undocumented?

Whenever an employee suffers a work-related injury or illness, they can file a workers’ compensation claim. However, for undocumented immigrants, filing a workers’ comp claim can become an overwhelming process due to their fears of having any possible legal repercussions or having their immigration status exposed.

Nevertheless, we remind everyone that labor laws and regulations protect all workers, regardless of their immigration status. In this blog article, we want to explain the labor rights of undocumented immigrants here in the U.S. and the laws and regulations that protect them in workers’ compensation cases.

These are the employment rights undocumented immigrants have

Let’s start off with the fact that undocumented immigrants are entitled to the same workers’ rights as U.S. citizens and legal residents. This includes the right to a fair wage, safe working conditions, and protection against workplace harassment and discrimination. That being said, undocumented immigrants also have the right to file a workers’ compensation claim if they suffer work-related injuries or illnesses.

Despite any fear or hesitance undocumented immigrants may have in filing a claim, they should seek legal advice from a workers’ comp attorney. Why? A lawyer can provide legal advice on what steps to take and how they can file a workers’ comp claim without having any further problems down the road.

What are the Laws and Regulations that protect undocumented workers?

There are several laws and regulations at the federal and state levels that protect undocumented workers in workers’ compensation cases. At the federal level, there is the Fair Labor Standards Act (FLSA). Under the FLSA, all employees are covered with workers’ rights regardless of their legal status.

For example, in 2011, a federal court ruled that the FLSA applies to anyone hired by an employer, based on the FLSA’s definition of “employer.” What this ruling means is the FLSA’s interpretation contains no exceptions or exclusions for those workers who don’t have legal status.

On the other hand, on a federal level, the Occupational Safety and Health Act (OSHA) requires employers to provide a safe work environment for all employees, regardless of their immigration status. Not meeting these requirements may have serious consequences for employers.

At a state level, there are certain regulations that protect undocumented workers in workers’ compensation cases. For example, some states have laws that prohibit employment discrimination based on immigration status and ensure they have access to workers’ compensation. There are also state workers’ compensation programs that offer protection to undocumented workers, even if they are not covered by federal workers’ compensation.

In the state of Georgia, undocumented workers may receive temporary total disability (TTD) benefits if they are not authorized to go back to work by an authorized physician or if their employer cannot place them on light-duty work restrictions. Undocumented workers may also receive temporary partial disability (TPD) benefits if they can return to their previous job and earn a lower wage, but this usually depends on the employer’s capabilities to provide them with other “lighter” tasks.

In summary, undocumented workers have a right to file a workers’ comp claim, regardless of their legal status, and cannot be fired by doing so.

Here are some tips undocumented workers should follow while filing a workers’ compensation claim

At Castan & Lecca, we have more than 20 years of experience in labor and immigration law, so we are more than qualified to assist you in your workers’ compensation process. We remind all undocumented immigrants that they have the same worker rights as U.S. citizens.

However, we know you might feel afraid of any legal repercussions and might not be completely aware of how this process works. That is why we’re going to provide you with some tips to file a workers’ comp claim as an undocumented worker:

Seek legal advice from a specialized attorney. As an undocumented worker, it’s important to be guided by an attorney specialized in workers’ comp cases to help you correctly file a claim. An experienced lawyer can provide you with accurate information about the laws and regulations that protect you, eliminating any fear and questions you may have.
Gather evidence. If you gather enough evidence that shows you were injured or got sick on the job, you may have a greater chance of success in getting your claim approved. Proof that can back up your case includes medical reports, photos of the accident scene and your injuries, testimonials, and contact information of witnesses.
Be completely honest in your claim. When you’re filing your claim, try to be as accurate and honest as possible. Any false or misleading information you provide can damage your case and credibility.
Do not sign anything without having an attorney present. Whether you’re signing to accept an offer, or putting your John Hancock on wavering your legal rights, always have an attorney by your side. They can explain to you what exactly you are signing and if you should do so or not.
Don’t ever give up. Filing a workers’ compensation claim can be a long and challenging process. But if you feel like it’s going nowhere or your claim has been rejected for some reason, please don’t give up. If necessary, discuss your options with an attorney to see how your process can be sped up and be successful.

If you are considering filing a workers’ compensation claim and need legal assistance, contact us at Castan & Lecca to schedule a free consultation. Our experience in workers’ compensation cases, as well as our willingness to help out our clients, can provide you with the peace of mind that we’re taking the right steps to file your claim and get your benefits.

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