Are There Time Limits to File a Personal Injury Claim in Atlanta?

Why Uninsured Motorist Coverage is Crucial in Car Accident Cases

Navigating the aftermath of an accident can be a tumultuous time, filled with recovery, adjustments, and, inevitably, concerns about the legal steps necessary to secure compensation for your injuries.

In Atlanta, as in the rest of Georgia, understanding the statutory time limits, also known as the statute of limitations, for filing a personal injury claim is crucial. These legal deadlines are designed to ensure fairness in the litigation process, preventing the indefinite threat of lawsuits and encouraging the timely resolution of disputes.

Going over the time limit allotted to begin a claim for personal injury may cause your case to be completely invalidated by Georgia Law. So it’s best to play it by the book and always act as soon as possible with the representations of professional legal experts.

In this blog post, Castan Lecca & Boeschen will describe all the nuances of the statute of limitations in Atlanta. We will also offer the services of our exceptional team of lawyers, always providing superior results to all those who seek legal counseling!

What Is The Statute of Limitations in Atlanta?

In Atlanta, the statute of limitations for most personal injury claims is two years from the date of the accident. This means that if you’ve been injured, whether in a car accident, a slip-and-fall incident, or any other situation where another’s negligence caused you harm, you have two years to file a lawsuit against the parties you believe are responsible.

Failing to file within this timeframe generally means you lose the right to sue for compensation for your injuries. This is the main reason everyone should always act promptly whenever they are faced with a personal injury claim.

However, it’s important to note that there are exceptions and nuances to this rule that can extend or shorten this period in specific circumstances. For example, claims against a city, county, or state government agency may have different notification and filing deadlines, often requiring action within just a few months of the incident.

Why Timeliness Matters?

Adhering to the statute of limitations is critical for several reasons:

Preservation of Evidence: Over time, evidence may become harder to locate or less reliable. Filing promptly helps ensure that all relevant evidence is available and can be effectively used in your case.
Witness Recollections: Similar to evidence, the memories of witnesses can fade over time. Swift action can help secure accurate witness statements that support your claim and are less likely to be refuted by third parties.
Peace of Mind: Timely filing allows you to move forward in your recovery process, knowing that your legal affairs are being addressed while you focus on healing your injuries and managing other important issues.

Exceptions and Considerations

While the two-year limit is the standard, several exceptions could impact your case:

Injury Discovery: In cases where the injuries were not immediately apparent, the statute of limitations may begin from the date the injuries were discovered or reasonably should have been discovered.
Minors: If the injured party is a minor, the time limit to file a claim may not start until they reach the age of majority (18 years old in Georgia).
Mental Incapacity: If the injured party is mentally incapacitated, the statute of limitations may be paused until the incapacity is resolved.

All cases are different, and it is essential to be aware of all the factors that could change the statute of limitations, extending or reducing the established two-year limit. This is why it’s so important to have skilled legal counsel by your side, so nothing ever pops up unexpectedly and turns your whole case upside down.

Navigating the Legal Process

Understanding and navigating the statute of limitations can be complex, highlighting the importance of consulting with an experienced personal injury attorney in Atlanta. An attorney can help you understand how the statute of limitations applies to your specific situation, explore any exceptions that might extend your filing deadline, and ensure that your claim is filed in a timely and effective manner.

If you’re looking for a professional team of personal injury lawyers, count on Castan Lecca & Boeschen to be by your side during these hard times. We always provide superior results thanks to the hard work of our exceptional attorneys who work nonstop to bring justice to your case.

And remember, the path to recovery after an injury is not solely physical; it’s also legal and financial. Being aware of and respecting the time limits for filing a personal injury claim in Atlanta is essential for preserving your right to seek justice and compensation.

With the right information and legal support, you can navigate these deadlines confidently, focusing on your recovery while your legal team focuses on securing the compensation you deserve.

Are you interested in knowing more about the process you should follow when facing a personal injury case? Read more on it here!

If you or anyone you love needs legal representation, call Castan Lecca & Boeschen today for a free consultation! 678-825-3611.

How to Receive Compensation for a Slip and Fall Accident

Slip and fall accidents can happen anywhere and often occur when least expected. These accidents can lead to a range of injuries, from minor scrapes to severe fractures, head injuries, and even long-term disabilities. Given the physical, emotional, and financial impact, it’s essential to know how to seek compensation for your injuries. This article aims to provide a thorough understanding of how to go about it.

Why Slip and Fall Cases are Complex

Slip and fall cases are not straightforward because proving negligence is often complicated. Typically, the victim needs to show that the property owner was aware (or should have been aware) of the hazardous condition but did nothing to correct it. Demonstrating this requires collecting evidence, including photos, witness statements, and expert testimonies.

Calculating Compensation

The amount of compensation you can claim depends on several factors, such as the severity of your injuries, medical expenses, lost income, and future care requirements. You may also be eligible for non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life.

Types of Damages You Can Claim

You may be eligible to receive compensation for the following:

Medical Expenses: This covers the cost of hospital stays, surgeries, medication, and any future medical needs.

Lost Wages: If your injuries prevent you from working, you can claim compensation for the income you’ve lost.

Pain and Suffering: Emotional and psychological distress caused by the accident can also be claimed.

Types of Premises

Understanding the type of premises where the slip and fall accident occurred is crucial, as different laws may apply. These can include:

Commercial properties (like malls and restaurants)
Private residences
Government buildings
Industrial settings

Different types of premises often have specific laws and regulations, making it essential to consult an attorney with expertise in premises liability.

Examples of Premises Liability Claims

While slip and fall accidents are common grounds for premises liability lawsuits, there are different conditions and situations where a property owner might be found negligent. Some common causes of premises liability accidents include:

Loose Carpets and Floorboards: An unsecured carpet or loose floorboard can easily cause someone to trip and fall.
Building Code Violations: Failing to comply with local building codes can create hazardous conditions.
Swimming Pool Accidents: Lack of appropriate safety measures around swimming pools can lead to severe injuries or even fatalities.
Dog Bites and Attacks: Property owners are generally responsible for the behavior of pets on their property.
Defective Elevators and Escalators: Mechanical failures can result in dangerous conditions for users.
Accidents Involving Stairs and Porches: Missing railings or poorly maintained stairs can be hazardous.
Failure to Provide Adequate Security: Inadequate security measures can make a property owner liable for crimes committed on their premises.
Failure to Clean Up Spilled Liquids: A simple spill can turn into a hazardous condition if not promptly addressed.
Cluttered Walkways: Obstructed paths can result in trip and fall accidents.

How to Prove a Premises Liability Lawsuit in Georgia

In Georgia, as in most states, proving a premises liability case revolves around establishing negligence on the property owner’s part. To win a premises liability lawsuit, you’ll need to demonstrate four critical elements:

Duty of Care: The property owner had a responsibility to maintain safe conditions on the premises.
Breach of Duty: The property owner failed to uphold this duty.
Causation: This failure caused your accident and subsequent injuries.
Damages: You’ve incurred losses that can be quantified and claimed.

Legal Procedures: Filing a Claim

Initial Consultation: Consult a skilled personal injury attorney who specializes in slip and fall accidents.
Investigation: Your attorney will collect all necessary evidence, including medical records and witness statements.
Filing the Claim: A formal complaint will be filed against the defendant (the property owner), stating your case and the compensation you seek.
Negotiation: Most cases are settled outside of court through negotiation between both parties’ attorneys.
Litigation: If a settlement isn’t reached, the case proceeds to court where it will be presented before a judge or jury.

Criteria for Choosing an Attorney

Experience: Ensure they have substantial experience in slip and fall cases.

Reputation: Research reviews or get recommendations.

Fees: Most attorneys work on a contingency fee basis, only charging if you win.

Consulting a Personal Injury Attorney

The complexity of slip and fall cases underscores the importance of consulting a personal injury attorney with experience in this area. A qualified lawyer can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.

In summary, slip and fall accidents can be both physically and emotionally devastating. Navigating the maze of medical bills, insurance claims, and legal avenues can add to the stress. But with proper guidance and a solid legal strategy, you can get the compensation you deserve for your pain and suffering.

If you or a loved one have been affected by a slip and fall accident, please get in touch with us at Castan Lecca & Boeschen. Our experienced attorneys are here to guide you through every step of the legal process and help you secure the compensation you rightly deserve.

You may also be interested in: How can a premises liability attorney help me in Altanta?

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.

What to Do When Involved in an Uber or Lyft Car Accident?

Getting involved in a car accident is never a pleasant experience. Still, things can become even more complicated when it happens during a rideshare trip. Whether you are a passenger or a driver, there are specific steps you need to take to protect your rights and get maximum compensation. In this blog article, we will go over what you should do if you are involved in a rideshare car accident in Georgia.

It is important to note that Uber and Lyft accidents can be caused by various factors, including distracted driving, speeding, and driving under the influence of drugs or alcohol. In many cases, the drivers of these rideshare services may be inexperienced or unfamiliar with the area, leading to accidents due to poor judgment or unfamiliarity with local traffic patterns.

Rideshare companies like Uber and Lyft provide insurance coverage for their drivers and passengers. However, the type and amount of coverage can vary depending on the circumstances of the accident.

For instance, if the driver is not on a rideshare trip, their personal insurance policy will be the primary coverage. If a rideshare driver gets into an accident while using the app but they have not accepted a trip yet then Uber can provide some coverage. Finally, if the driver gets into an accident, while on a trip then Uber will provide full coverage. However, in most cases, the rideshare driver’s privately owned policy will need to be used and exhausted first.

So, what should you do if you are involved in a rideshare car accident? Here are the steps you need to take:

Seek medical attention

The first and most crucial step is to seek medical attention for any injuries sustained in the accident. Even if you feel fine, getting checked out by a doctor is essential, as some injuries may not show symptoms immediately. Additionally, seeking medical attention will provide documentation of any injuries you may have suffered, which will be helpful when filing a claim.

Report the accident to the rideshare company.

Report the accident to the rideshare company through their app or website as soon as possible. They will ask you for details of the accident, so it’s important to be truthful and detailed when providing this information. The company will also likely initiate an investigation into the accident and may contact you for more information.

Call the police

In addition to reporting the accident to the rideshare company, you should also call the police to report the accident. The police will document the accident and file a report that provides crucial details that can be used in your claim.

Gather evidence

If possible, gather evidence at the scene of the accident. This can include taking pictures of the vehicle’s damages, getting witnesses’ contact information, and obtaining the other driver’s insurance information. All of this evidence will be helpful when filing a claim.

Contact an attorney

Finally, contacting an experienced attorney is essential. An experienced attorney can help guide you through the claims process and ensure your rights are being protected. Rideshare accident claims can be complicated. An attorney can help you navigate the insurance company’s process and negotiate a fair settlement.

What can an attorney do if you get in a car accident with an Uber or Lyft?

When you’ve been in an accident with an Uber or Lyft driver, navigating the claims process can be confusing and overwhelming. But don’t worry – an experienced rideshare accident attorney can help. They’ll have the resources and legal know-how to investigate your case and determine who’s responsible for the damages caused by the crash. With their help, you can ensure that your rights are protected and that you receive the highest amount of compensation from Uber or Lyft’s insurance coverage.

Here’s what an attorney can do for you:

Evaluate your Uber/Lyft claim and determine the liability.
Investigate the circumstances of the accident.
Gather evidence to support your claim.
Calculate a fair amount for compensation based on your losses.
Negotiate with Uber/Lyft’s insurance company on your behalf.
Represent you in court if necessary.
Keep you updated through every step of the claims process.
Explore all possible sources of recovery for your injuries and losses.
Handle negotiations with third parties involved in the accident.
Defend against any opposition raised by Uber/Lyft.

It’s worth noting that Uber and Lyft accident claims can be particularly complex, with unique legal issues that may not arise in other types of accidents. That’s why it’s crucial to have an attorney familiar with these issues who can help you navigate them.

With their expertise and understanding of how these companies operate, they’ll work tirelessly to ensure you get the justice you deserve. So if you’ve been in an accident with an Uber or Lyft driver, don’t hesitate to contact an experienced attorney.

Being involved in a rideshare accident can be a stressful and confusing experience. Still, by taking the proper steps, you can protect your rights and get the compensation you deserve. Remember to seek medical attention, report the accident to the rideshare company and police, gather evidence, and contact an experienced attorney. Our exceptional attorneys at Castan & Lecca are here to help you in every car accident case, so don’t hesitate to get in touch with us and schedule your free consultation.

What Steps Should I Take If Injured in a Pedestrian Accident?

Pedestrian accidents are a serious issue; unfortunately, they are all too common. In Georgia alone, there were 236 pedestrian fatalities in 2019, according to the Governor’s Office of Highway Safety. If you have been injured in a pedestrian accident, it is essential to take the necessary steps to protect your rights and seek compensation for your injuries.

What you should do after a pedestrian accident in Georgia:

Seek Medical Attention
The first and most crucial step after a pedestrian accident is to seek medical attention. Even if you feel fine, it is still essential to get checked out by a medical professional. Some injuries may not be immediately apparent, and the adrenaline rush from the accident can mask pain or discomfort. By seeking medical attention, you can identify any injuries and start the necessary treatment. Additionally, seeking medical attention creates a record of your injuries that you can use as evidence in your personal injury claim.

Contact the Police
After a pedestrian accident, you should call the police and report the incident. When the police arrive, they will investigate the accident and create a report that details the events. This report can be valuable evidence when pursuing a personal injury claim. Additionally, the police can help you exchange information with the driver involved in the accident, including their insurance information and contact details.

Collect Evidence
Collecting evidence after a pedestrian accident is crucial. Be sure to take pictures of the accident scene, including any damage to your clothing or personal belongings. If there were witnesses to the accident, get their contact information, and ask them to provide a statement. This information can help establish fault and prove your case in court. Also, it’s a good idea to keep all medical bills and documentation related to your injuries.

Contact an Experienced Personal Injury Attorney
If you have been injured in a pedestrian accident, it is essential to contact an experienced personal injury attorney as soon as possible. An attorney can help you navigate the legal process, gather evidence, and negotiate with the insurance company on your behalf. Personal injury attorneys understand the complexities of pedestrian accident cases and can help you receive the maximum compensation for your injuries. Reach out to Castan, Lecca & Boeschen for more information.

What should the driver do in a pedestrian car accident?

As a driver, being involved in a car accident with a pedestrian can be a traumatic experience, too. It’s important to remain calm and stay at the scene of the accident until the police arrive. It’s also crucial to assist the injured pedestrian. This could include calling 911 or offering first aid if you’re trained.

The driver should exchange contact and insurance information with the pedestrian and witnesses. This information will be critical when filing an insurance claim. It’s also essential to take photos of the scene of the accident, including any damage to the vehicle, injuries to the pedestrian, and the surrounding area.

However, it’s important to remember that the driver may be at fault for the accident. Drivers are legally responsible for operating their vehicles safely and following traffic laws, including yielding to pedestrians in crosswalks. If the driver was negligent or reckless, they may be liable for the pedestrian’s injuries and damages.

The driver must speak with an experienced personal injury attorney like the team at Castan, Lecca & Boeschen who can guide them through the claims process and protect their rights. An attorney can help the driver understand their legal responsibilities, determine liability, and negotiate with the insurance company to ensure they receive fair compensation.

How can pedestrians protect themselves from car accidents?

Here are some pedestrian safety tips that can help you avoid accidents and injuries while walking on or near roadways:

Always use designated crosswalks or intersections to cross the street. Do not jaywalk or cross between parked cars, as it can be dangerous and increase the likelihood of getting hit by a vehicle.
Look both ways before crossing the street, even if you have the right of way. Drivers can be distracted or may not see you, so check for oncoming traffic in both directions.
Make eye contact with drivers before crossing in front of them to ensure they have seen you and are aware of your presence.
Stay visible by wearing bright or reflective clothing, especially when walking at night or in low-light conditions.
Avoid using electronic devices while walking, as they can distract you from your surroundings and increase the risk of accidents.
Follow traffic signals and signs, and obey crossing guards and police officers.
Walk on the sidewalk whenever possible, and if there is no sidewalk, walk facing traffic on the edge of the roadway.
Teach children about pedestrian safety and accompany them when crossing the street until they are old enough to do so on their own.

Following these pedestrian safety tips can reduce your risk of being involved in an accident. Always be aware of your surroundings and take precautions to ensure your safety.

Being involved in a pedestrian accident can be a traumatic and life-changing experience. However, by taking the right steps after the accident, you can protect your rights and seek the compensation you deserve. Remember to prioritize your health and seek medical attention, report the accident to the appropriate authorities, document everything related to the accident, and contact an experienced attorney for help. By doing so, you can take control of the situation and focus on your recovery.

At Castan, Lecca & Boeschen, we understand the challenges of recovering from a pedestrian accident. That’s why we are committed to helping our clients seek the compensation they deserve for their injuries and damages. Our experienced attorneys have a deep understanding of Georgia pedestrian laws and regulations and can guide you through every step of the legal process. If you’ve been involved in an accident involving a pedestrian, don’t hesitate to contact us for a free consultation. We’ll help you understand your legal rights and work tirelessly to seek the justice you deserve.

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

What Are the Responsibilities of Personal Injury Lawyers?

Personal injury lawyers specialize in representing clients who have been injured as a result of someone else’s negligence, recklessness, or intentional wrongdoing. They are responsible for a variety of tasks and have several key responsibilities, which are essential to ensuring that their clients receive fair compensation for their injuries.

Protect Client’s Legal Rights

One of the most important responsibilities a personal injury lawyer has is to ensure that their client’s legal rights are protected. This includes making sure that their client is not taken advantage of by insurance companies or other parties involved in the case. The lawyer will work to negotiate a fair settlement for their client, and if necessary, take the case to court to fight for their client’s rights.

Thoroughly Investigate Their Client’s Case

Another responsibility a personal injury lawyer has is to thoroughly investigate the case. This involves gathering evidence, interviewing witnesses, and consulting with experts to determine the extent of the injuries and the amount of compensation for damages that should be sought. The lawyer will also review medical records, police reports, and other documents related to the case to build a strong case for their client.

Provide Clients with Regular Updates

Personal injury lawyers must also provide their clients with regular updates on the progress of the case. They must keep their clients informed about any developments in the case, such as settlement offers or court dates, and help their clients understand their legal rights and options.

Be Honest and Transparent with Their Clients

In addition, personal injury lawyers have a duty to act in their client’s best interests at all times. They must be honest and transparent with their clients, provide accurate and truthful information, and ensure that their clients fully understand the legal process and the potential outcomes of their cases.

Work Diligently For Their Clients

Personal injury lawyers also have a responsibility to work diligently on their client’s behalf. This includes meeting deadlines, conducting research, and filing paperwork in a timely and efficient manner. They must also be prepared to go to trial if necessary, and have the knowledge and experience to effectively represent their clients in court.

Protect Client’s Privacy

Finally, personal injury lawyers must maintain the highest standards of professional ethics and conduct. They must uphold the integrity of the legal profession and follow all relevant laws and regulations. They must also maintain confidentiality and protect their client’s privacy at all times.

Overall, the responsibilities of a personal injury lawyer are extensive and require a high degree of knowledge, skill, and dedication. By providing their clients with top-quality legal representation, personal injury lawyers help ensure their clients receive fair compensation for their injuries and losses.

What kind of cases do personal injury attorneys handle?

Our experienced Georgia personal injury attorneys are equipped to handle a wide range of personal injury cases. Some of the types of personal injury cases that we handle include:

Car Accidents: Car accidents are one of the most common causes of personal injury. Our attorneys have extensive experience in handling car accident cases, including accidents involving multiple cars, motorcycles, and trucks.
Slip and Fall Accidents: Slip and fall accidents can occur anywhere, from private residences to commercial properties. If you have been injured in a slip and fall accident due to the negligence of a property owner, our attorneys can help you seek compensation for your injuries.
Medical Malpractice: Medical malpractice occurs when a healthcare provider fails to provide a standard level of care, resulting in injury or harm to the patient. Our attorneys have the knowledge and expertise to handle complex medical malpractice cases.
Dog Bites: Dog bites can result in serious injuries, including scarring, disfigurement, and emotional trauma. Our attorneys can help you seek compensation for medical bills, lost wages, and pain and suffering resulting from a dog bite.
Product Liability: When a defective product causes injury or harm, the manufacturer or distributor can be held liable. Our attorneys have experience handling product liability cases, including defective medical devices and dangerous drugs.
Wrongful Death: Losing a loved one due to the negligence of another party can be devastating. Our attorneys can help you seek compensation for funeral expenses, medical bills, and other damages resulting from a wrongful death.

Regardless of the type of personal injury case you are facing, our attorneys will work tirelessly to protect your rights and seek the compensation you deserve. We understand the physical, emotional, and financial toll that personal injury can take on you and your family, and we are committed to helping you move forward with your life.

Contact us today to schedule a consultation with one of our experienced Georgia personal injury attorneys at Castan & Lecca.

5 Reasons Why It’s Ok To Change Your Personal Injury Attorney

At Castan & Lecca, as a personal injury law firm, we know how difficult it can be for victims to deal with the aftermath of a serious injury, facing all the obstacles that can arise throughout the recovery process. However, having a trusted attorney that is ready to provide legal guidance and support along the way can make a difference.

On the other hand, if you feel like your attorney is not meeting your expectations or carrying out your legal process correctly and are considering changing attorneys, you may want to read this article. We explain five reasons we deem ok to replace your personal injury lawyer and tips on how to do so in an amicable manner.

Reason 1: There is a lack of proper attention and communication

One of the reasons we’ve seen that people change their attorneys in personal injury cases is due to the lawyer’s lack of attention and proper communication. Remember: always choose an attorney available to answer your questions and provide clear information about the case’s progress.

If you feel your attorney is not providing you the attention and communication you deserve, it may be time to consider finding other options elsewhere. When it comes to legal matters, you shouldn’t have to struggle to get answers or feel in the dark about the status of your case.

Reason 2: A lack of results

Another reason that it’s more than ok to change your personal injury attorney is if there is a lack of results, or you feel your case isn’t going anywhere. We recommend that it’s better to have an attorney that has experience dealing with personal injury cases and has the resources necessary to handle your case and get your compensation.

If you feel that your lawyer isn’t making any progress with your case or isn’t trying their best to get you a great settlement, it may be time to find someone else to represent you. However, we want you to know that it isn’t always possible to get a perfect outcome when it comes to personal injury cases. But what you can control is choosing an attorney that works hard to get you the best possible result and that is honest with you about your options and provide you with realistic expectations.

Reason 3: Differences in work philosophy

The third reason it’s ok to have another attorney carry out your case may be due to differences in work philosophy, or in other words, not having both your and your lawyer’s expectations aligned. Every attorney has their own style and approach in representing personal injury cases, therefore, find the right lawyer that carries out your case as you imagine it and shares the same goals.

For example, some attorneys look to settle your case as soon as possible and are willing to accept a less-than-favorable settlement offer to avoid going to trial. Whereas other lawyers are willing to go in front of a judge or a jury if that means getting the best result for their clients. That is why if you feel your current lawyer is trying to convince you to accept the first offer, start looking for other legal options elsewhere.

Although, we want you to know that changing attorneys in the middle of a legal process isn’t as easy as said as done. In addition, your new lawyer might need to start from scratch with your legal strategy and will need time to familiarize themselves with your case. But, it’s better to start over with an attorney that you feel comfortable with than one that doesn’t align with your expectations.

Reason 4: Your attorney acts in an unprofessional manner

Sadly, some lawyers may engage in unethical practices, such as failing to disclose all relevant information regarding their clients’ cases or pressuring them to accept a lowball offer. Situations like these show these unscrupulous lawyers’ true colors in representing their clients and may be a valid reason to consider changing personal injury attorneys.

Professional ethics is a set of principles and values that guide the behavior of lawyers in the practice of their profession. These principles include the duty to respect the law and ethical rules, the duty to act with integrity and honesty, and the duty to protect the interests of their clients and respect their confidentiality.

When a lawyer fails to comply with these ethical principles, what they’re really doing is hurting their relationship with their clients. Don’t settle for less when it comes to having the right attorney for your case; if you feel that your current lawyer is not acting ethically or have doubts about their behavior, start considering changing your legal representation.

Reason 5: There is a conflict of interest

Conflicts of interest may arise in cases, and some attorneys may feel these situations affect their ability to properly represent a client in a personal injury case. Conflicts of interest usually happen when their ability to act in the best interest of their client.

For example, if an attorney has a personal or business relationship with one of the parties involved in the case, it may be difficult for him or her to act impartially and properly represent their client’s case. Likewise, if a lawyer has previously worked with one of the parties involved in -the case that isn’t the client- or has a friendly relationship with them, there may be a conflict of interest.

If your lawyer has any conflicts of interest, they should inform you and discuss how your case can be properly handled. But if you feel that your attorney hasn’t disclosed this information, we recommend to talk them and asking them about it. It’s about whether you wish to continue with them or change attorneys.

How can I start changing my attorney?

In conclusion, there are several reasons why it becomes necessary to change attorneys in personal injury cases, including lack of proper attention and communication, lack of results, differences in work philosophy, lack of professional ethics, and conflicts of interest. It is important to find and choose an attorney you trust, seeking advice, looking at their previous results, and reading their law firm’s reviews before making a final decision.

In case you’re currently looking for new attorneys, at Castan & Lecca, we’re ready to provide you with the legal guidance and assistance you need with your personal injury case. If you wish to let us start working on your case or want to know what we can offer you, contact us for a free consultation.

What is considered a severe personal injury?

When you’ve been injured–whether at work, in a car accident or due to the negligence of another–it can be life-changing. When you’re overwhelmed by doctors’ visits, insurance company calls, and keeping a roof over your head, you might not know where to turn.

Sometimes, injuries are mild and don’t require long-term care. But unfortunately, that’s not always the case. Sometimes you could suffer severe injuries that warrant months–sometimes years–of recovery or treatment. More severe injuries from accidents could mean surgeries–and they could mean that you’re out of work for a while.

An injury is damage to your body. It is a general term that refers to the harm that is caused by any number of events, including accidents, falls, hits, weapons, and more. Millions of people across the country are injured every year. These injuries range from minor to life-threatening. Injuries can happen at work or play, indoors or outdoors, driving a car, or walking across the street.

No matter the nature of the injury, when you’ve been hurt, you’ll need time to focus on your well being and your family’s care. When the injury is severe, it can be challenging: how do you balance your recovery or medical treatment while you pay your bills and watch over your loved ones?

According to Cornell Law School, a serious bodily injury is as follows:

a substantial risk of death
protracted and obvious disfigurement
protracted loss or impairment of the function of a bodily member, organ, or mental faculty

So when you’ve suffered a serious injury, also known as a catastrophic injury, you need a trustworthy team of personal injury attorneys to help you navigate this difficult time. Your priority should be on your recovery–let us take care of the insurance companies. We are able to get you the compensation you deserve so that you can get on with your life.

In this blog post, we’ll review the different types of severe personal injuries that you might be experiencing after an accident. If you’ve had a severe injury, reach out to us at Castan & Lecca. We want to hear your story.

Traumatic Brain Injuries

Traumatic Brain Injuries, or TBIs, are serious injuries that occur to the brain. They are capable of altering the way in which the brain operates, thus affecting the way you process information or think. These types of injuries can create lasting damage that could constitute a lifelong disability.

According to the Mayo Clinic, TBI symptoms could include:

Headache
Nausea or vomiting
Fatigue or drowsiness
Dizziness or loss of balance
Loss of consciousness for a few seconds to a few minutes
No loss of consciousness, but a state of being dazed, confused or disoriented
Memory or concentration problems
Mood changes or mood swings

TBIs can be either permanent or lifelong. It’s best to get treated by a healthcare provider as soon as possible. With Castan & Lecca at your side, you won’t have to go through this process on your own.

Amputations

An amputation, whether whole or partial, is when any body part is lost. This can happen as a result of an accident, assault, malpractice, negligence, or even defective product. This could include loss of appendages like arms, legs, feet, toes, hands or fingers. Amputation victims experience severe pain as well as having the overwhelming task of relearning how to go about their daily lives.

If you’ve suffered an amputation, you may be faced with extensive physical therapy and occupational therapy so that you can go about your life. In addition to physical injuries, it also can lead to emotional injuries, lost income or the inability to work, high medical costs, pain and suffering, loss of enjoyment of life, and many other obstacles.

Burns

While some incidents that might cause a burn injury could be blameless (after all, some accidents are just accidents), but sometimes your burn is the result of an auto accident, product defect, unsafe premises, a workplace problem or another incident for which someone was responsible.

If you’ve been burned while at work, you should seek immediate medical attention, alert your supervisor and document your experience, if possible. Burns can range from 1st degree to 3rd degree. There are several types of burns you could experience, whether at work or elsewhere:

Chemical burns

Inhalation burns

Gas explosions

Scalding

Thermal burns
Radiation burns

If you are severely burned, you can reach out to a trustworthy personal injury attorney to advocate for you and go up against your employer and their insurance company. When you’ve suffered catastrophic burns, you may be eligible for workers’ compensation so that you can get the medical care you need.

If you’ve suffered a burn because of someone else’s negligence, you might be eligible to receive compensation through a personal injury lawsuit or workers’ compensation claim.

Spinal Cord Injuries

Spinal cord injuries can be quite severe, causing either temporary or lifelong paralysis. According to the Shepherd Center, when someone experiences a spinal cord injury, the body may lose some essential functions if the nerves can’t communicate with the brain.

There are two main types of spinal cord injuries:

Complete – This type of spinal cord injury causes permanent, lifelong damage to the spinal cord. The result could be paraplegia.

Incomplete – This type of injury depends upon the nature of the damage. It could include limited ability to feel or more extremities–and the victim could heal from this type of injury. Though incomplete spinal cord injuries can vary depending upon the patient.

The Takeaway

Suffering a catastrophic injury can be life-changing. It can be hard to know how to proceed, especially when your family’s well being is on the line. If you’ve suffered a severe personal injury–whether it occurred at work, on the road or even while shopping or enjoying time with your family–you should know that you have rights.

At Castan & Lecca, we have a trustworthy, experienced team of personal injury attorneys who have decades of experience in personal injury law. The time after an injury should be focused on treatment and recovery–you have enough to worry about. Leave the work to us: we’re here to listen to your story.

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.

Why Uninsured Motorist Coverage is Crucial in Car Accident Cases

What Is The Statute of Limitations in Atlanta?

Why Timeliness Matters?

Exceptions and Considerations

Navigating the Legal Process

How to Receive Compensation for a Slip and Fall Accident

Why Slip and Fall Cases are Complex

Calculating Compensation

Types of Damages You Can Claim

Types of Premises

Examples of Premises Liability Claims

How to Prove a Premises Liability Lawsuit in Georgia

Legal Procedures: Filing a Claim

Criteria for Choosing an Attorney

Consulting a Personal Injury Attorney

How is fault determined in a pedestrian accident case?

Eyewitness Testimony

Video Surveillance or Photographs

Police Reports

Accident Reconstruction

Pedestrian Behavior

What to Do When Involved in an Uber or Lyft Car Accident?

So, what should you do if you are involved in a rideshare car accident? Here are the steps you need to take:

What can an attorney do if you get in a car accident with an Uber or Lyft?

Here’s what an attorney can do for you:

What you should do after a pedestrian accident in Georgia:

What should the driver do in a pedestrian car accident?

How can pedestrians protect themselves from car accidents?

How is fault determined in a pedestrian accident case?

Eyewitness Testimony

Video Surveillance or Photographs

Police Reports

Accident Reconstruction

Pedestrian Behavior

Protect Client’s Legal Rights

Thoroughly Investigate Their Client’s Case

Provide Clients with Regular Updates

Be Honest and Transparent with Their Clients

Work Diligently For Their Clients

Protect Client’s Privacy

What kind of cases do personal injury attorneys handle?

Reason 1: There is a lack of proper attention and communication

Reason 2: A lack of results

Reason 3: Differences in work philosophy

Reason 4: Your attorney acts in an unprofessional manner

Reason 5: There is a conflict of interest

Traumatic Brain Injuries

Amputations

Burns

Spinal Cord Injuries

The Takeaway

Car Accidents

Workplace Injuries

Medical Malpractice

Slip and Fall

What’s Next?

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