What to Do If You're Struck by a Commercial Vehicle?

Woman calling for a personal injury and car accident lawyer

The aftermath of a car accident can be overwhelming, leaving you not only physically and emotionally shaken, but also facing financial burdens due to missed work and lost wages. Many people are unaware that lost wages are a viable claim when it comes to car accidents in Atlanta, while others simply don’t know that they actually can demand to be compensated for the money they lost while being injured. 

In this blog post, we want to illustrate the importance of understanding lost wages from a car accident in personal injury law, while emphasizing the many ways you can file a claim for them whenever you are involved in a car accident.

Understanding Lost Wages

Lawyer reading lost wages case

Lost wages, in the context of car accidents, refer to the income you lose due to being unable to work after sustaining an injury. Whether you require hospitalization, experience temporary limitations, or need long-term recovery, any income you would have earned during that period falls under lost wages. This encompasses:

Base salary: This is your regular pay, calculated according to your hourly or salaried rate.
Overtime and bonuses: If you receive regular overtime or performance-based bonuses, these should also be included in your claim.
Commissions and tips: If your income relies heavily on commissions or tips, you can claim the average or projected amount you would have earned during your absence.
Vacation and sick leave: If you’ve used accrued vacation or sick leave due to the accident, their monetary value can be included in your claim.

Here are key points to consider when filing a lost wage claim:

  1. Document Your Losses

    Keep thorough records of the days you missed work due to the accident, including the dates and hours you weren’t able to work, as well as any supporting documentation from your employer, such as payroll records or doctor’s notes. 

    This will help you and your lawyers calculate the exact amount of wages you lost during the time you were incapable of performing your duties.

    Besides, having thorough documentation of this kind will also serve as evidence of your injuries and suffering, allowing your case to become stronger. Always remember that a strong case relies on the amount of evidence you are able to provide, leaving no room for hesitation when it comes to giving a ruling in your favor.

  2. Seek Treatment & Recognition

    a man consulting doctor for treatment

    On the same note as before, a big part of establishing all your lost wages includes having a proper understanding of your situation, as well as a clear picture of why you were absent from your job. Seeking medical attention immediately after being involved in a car accident is the only way you will get the correct assessment, not only for your health but for your documentation as well. An official doctor’s note can be the difference between winning and losing a personal injury case.

    Similarly, notifying your employer of your situation is also incredibly important, since they will be the ones who can vouch for your absence and the wages you lost due to being injured. The combination of the doctor’s note and the support of your employer is a winning combination that only fails in the rarest of circumstances.

  3. Consult a Personal Injury Attorney

    Personal Injury Lawyer discussing a case

    This is arguably the most crucial step. Being properly guided through the complicated legal process of personal injury claims is the most essential part of receiving a favorable ruling at the end of your case. 

    Only the most knowledgeable and capable attorneys, like those at Castan, Lecca & Boeschen, are able to achieve compensation for their clients without simply settling for a meager amount offered by liable third parties or insurance companies.

    Consider consulting with a personal injury attorney who specializes in car accidents, their expertise will surely be the trump card in your case. They can provide guidance on your legal rights and options for pursuing compensation for lost wages, material losses, and psychological damages. 

    Castan, Lecca & Boeschen are always here to provide superior results to all those who place their trust in us. Our exceptional lawyers are always on the lookout for the next big win, aiming to bring stability and peace to all the lives that have been affected by car accidents and similar situations.

     

Remember, more than one person can be found liable for your accident, therefore, you are entitled to demand compensation for your lost wages from different individuals or companies. 

Make sure to thoroughly plan your legal strategy with a competent team of professionals if you wish to achieve complete justice.

Most of the time, these types of cases can last a long time, so patience and determination are a must whenever you plan to file a claim for lost wages and other kind of damages. It’s important to feel supported by all those who surround you during these difficult times, not only emotionally, but legally as well.

Always keep in mind that the ones who will accompany you until the end will be your lawyers. Make a sound choice when selecting one to represent you!

If you or anyone you know has been involved in a car accident recently and wish to fight for their rights, don’t hesitate to contact Castan, Lecca & Boeschen for a free consultation! We will explain all your legal options and advise you to the best of our abilities, empowering you to make informed decisions and advocate for your well-being.

Trusting us ensures you have a team filled with passionate legal professionals ready to defend your case until the last second. Call today at 678-825-3611 and allow us to assist you!

(864)761-4141

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
castan&lecca-iliana-bio

KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
castan&lecca-ken-bio

ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.