WHAT PERSONAL INJURY CASES DO WE HANDLE?
After being injured–whether it’s a slip and fall, a car accident, a workplace accident or medical malpractice–you should get the compensation that’s owed to you so that you can recover and reclaim your life. Injury can happen at any time–at work or while out on the road–or even during a medical event. It’s important to know that if this occurs, you can have the right team on your side, fighting for your rights.
This time following an accident can be difficult, make no mistake about it. This is why we at Castan & Lecca do what we do. We take pride in using our knowledge and experience to get the compensation you need and deserve after an accident.
Call us today for a free consultation of your case. We’d love to hear your story.
At Castan & Lecca, we represent a broad range of personal injury cases. But what does personal injury mean? According to Cornell University, personal injury is any type of injury to a person’s body, emotion or reputation.
Personal injury lawyers can help you understand certain circumstances of your situation after an injury, including establishing common grounds upon which a personal injury case is determined, including negligence, liability and intentional wrongs.
Negligence, or the failure to take proper care, is connected to the circumstance in which an injury occurs. Injuries can happen as a result of third-party negligence, the most common of which include:
- Automobile accidents
- Industrial accidents
- Truck accidents
- Medical malpractice
- Premises liability
- Product liability
Determining negligence is a large part of a personal injury case, and, if your case goes to trial, your lawyer will have to prove the liable party’s negligence in court.
But what types of injuries occur due to negligence? The list is long, but here are a few that the team at Castan & Lecca represent frequently:
- Car accidents
- Workplace injuries
- Medical malpractice injuries
- Slip and Fall
These injuries are the injuries that warrant personal injury cases. A trusted, experienced legal team should represent you in these serious matters so that you can recover your health, your happiness and your overall well being.
Car Accidents
If you are in a car accident, injuries may be as minor as a few scrapes or cuts or as life-changing as a disability like paralysis. Moreover, some injuries may not produce symptoms right away or may need additional medical care in the future. It’s important to undergo a thorough medical examination immediately following a car accident if you believe you may have been injured.
Medical expenses you receive during this time can be paid for by seeking damages. According to FindLaw.com, medical expenses that stem from a car accident may include:
- Physical therapy
- Cognitive therapy (to treat brain injuries)
- Hospital transport fees (ambulance)
- Consultations with healthcare providers
- Various medical accessories (wheelchairs or neck braces)
- Treatment for permanent disability (paralysis or TBI/traumatic brain injury)
- In-home services like nursing
Following an injury from a car accident due to someone else’s negligence, you should seek legal representation so that you can be able to afford all of the costs of recovery. At Castan & Lecca, we’re here to help.
Workplace Injuries
An injury that occurs in the workplace can change the course of your daily life. It’s crucial you get the care you need as quickly as possible. Firstly, you must know that you may have a worker’s compensation case when you experience some type of accident or complication at work due to the negligence of the employer.
In general, workers’ compensation cases work to ensure that the injured employee obtains physical, mental, and monetary compensation after facing any type of workplace accident. Workers’ compensation benefits include:
- Medical Care
- Rehabilitation
- Financial compensation
- Funeral benefits
All of these workers’ compensation benefits are mandated by state law and in no case can insurers stop paying these benefits, nor can your employer stop insuring you as an employee. If you have questions or concerns about an injury you’ve experienced because of your job or in a workplace environment, reach out to us.
Medical Malpractice
What exactly is medical malpractice? According to Medical News Today, medical malpractice is when a healthcare provider does not give appropriate treatment or action, or gives a treatment that causes harm, injury, or death to their patient. This neglect or failure is a serious matter; any mistake that occurs in a healthcare context requires immediate attention.
For a case to be considered medical malpractice, there are three factors to consider:
- Failure to provide a proper standard of care
- An injury results from negligence
- The injury must have damaging consequences
A medical malpractice lawsuit may involve a number of circumstances having to do with medical care and certain treatments. Some of the situations include the following:
- Failure to comply with treatment protocols
- Neglect of standards
- Error in diagnosis
- Lack of treatment
- Neglect of treatment
- Surgical errors
Medical malpractice cases are extremely serious matters of life, death and quality of life. It is therefore crucial that you receive the compensation you deserve after you’ve sustained an injury due to the negligence of a healthcare provider.
Slip and Fall
Slip and fall cases tend to be complex by nature. These cases are based on who exactly was negligent and in what ways that party is liable. The state of Georgia determines negligence and liability by a concept known as modified comparative negligence. This is a way to determine what percentage of negligence falls on a particular party. For example, if a jury finds you 15% at fault, you are entitled to 85% of the damages. This will be reflected in a 15% reduction in your initial settlement.
What’s Next?
We at Castan & Lecca know that the time following an injury is stressful, life-changing and complicated. So, what can you expect? Here is what your legal process can look like if you choose to pursue a personal injury claim:
- Hiring a lawyer. Consult an attorney immediately when you are injured. Your attorney will help you decide whether to opt for a settlement or if your case warrants a lawsuit. Consulting with a lawyer immediately after your injury is one of the most important things you can do to secure your well being.
- Starting the claim. This is the prep stage where you’ll be filling out paperwork and notifying the other party that you’re going to be filing a suit. Your personal injury attorney will walk you through each part of this process and will officially file the suit in court. Once a suit is filed and the defendant is served, the process moves into the discovery stage.
- Engaging in discovery and research. The discovery phase can last several months to a year. If you’re injured seriously, it may involve regular doctor’s appointments, keeping track of expenses as well as pain and suffering from the injury–and a lot of time on the phone with your insurance company and your attorney. For your legal team, this phase involves gathering information, interviewing witnesses, compiling documentation, and consolidating all the evidence that will be used in the court trial.
- Attempting settlement. Throughout the process, your legal team will make efforts to come to a settlement through mediation or arbitration. That’s usually in the best interests of all parties if it’s possible. If no settlement can be reached during this time, then the case will go to trial.
- Going to trial. At the trial, both sides will have the opportunity to present their evidence to the judge or jury. The verdict will be handed down and compensation will be decided. If either side wants to appeal, they may do so. A successful appeal could result in going through another trial or a change in the settlement.
- Collecting the compensation. If you win the case, you begin to collect the compensation owed to you once the proceedings or trial is complete. The settlement may be due in a lump sum or in smaller payments, depending on the case.
At Castan & Lecca, we are experts in personal injury claims. Our years of experience allow us to become your greatest support when seeking the right compensation for you and your loved ones. If you are looking for legal representation, call us. We will fight for your rights.
