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

October 3, 2023 by Daniel UltimMarketing

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

Rear-end accidents are among the most common types of vehicular collisions, often resulting from distracted driving, speeding, or sudden stops. If you’ve been involved in such an incident, you might be wondering about the compensation you can seek.

The aftermath of a rear-end accident can bring many challenges, from medical bills to lost wages, so it’s crucial to know your rights and potential avenues for reimbursement. At Castan Lecca & Boeschen, we aim to provide a comprehensive overview of the compensations you can pursue.

Medical Expenses: Medical bills can pile up rapidly after an accident. The injured party can seek compensation for both present and future medical expenses. This includes emergency room visits, hospitalization, surgeries, medication, physical therapy, and even ongoing treatments or therapies.

Lost Wages: If the rear-end accident resulted in injuries that prevented you from working, you’re entitled to seek compensation for lost wages. This can encompass the days, weeks, or even months you were out of work due to the collision.
Property Damage: Often, rear-end accidents lead to significant damage to the vehicle’s backside. Compensation for repairs, or in severe cases, the total value of the vehicle, if it’s deemed a total loss, can be sought.
Pain and Suffering: This is a non-economic damage that is more subjective than the others. It refers to the physical pain and emotional distress one undergoes due to the accident. While it’s harder to put a price tag on these damages, they are just as significant.
Loss of Enjoyment of Life: Severe accidents can result in long-term implications, depriving individuals of enjoying activities they once loved. Compensation can be sought for such loss of life’s enjoyment.
Loss of Consortium: This pertains to the damages suffered by a spouse of the injured individual. It encompasses the loss of companionship, affection, comfort, and marital services.
Punitive Damages: In cases where the at-fault driver’s behavior was particularly egregious or reckless, punitive damages might be awarded. Their primary purpose is to punish the defendant and deter similar future behaviors.

Determining Liability in Rear-End Accidents

In many instances, the driver who rear-ends another vehicle is often considered at fault due to following too closely or not paying adequate attention. However, there can be scenarios where the front driver may share some blame:

Sudden stops without warning: If a vehicle stops suddenly for no apparent reason, and this sudden stop causes a rear-end collision, the front driver might bear some liability.

Non-functional tail lights: If the front car’s tail lights are not working, especially during night or foggy conditions, it can be a contributing factor.

Reversing unexpectedly: If a vehicle unexpectedly reverses and this action leads to a rear-end accident, the front driver may be at fault.

Understanding the specifics of liability can influence the compensation one can seek, so always ensure detailed documentation of the accident circumstances.

Factors Influencing Compensation Amount

Several factors come into play when determining the compensation amount:

Severity of Injuries: The more severe the injuries, the higher the potential compensation. This is because medical bills, the necessity for ongoing treatments, and potential long-term implications are higher.

Degree of Fault: Georgia follows a “modified comparative negligence” rule. Your compensation might be reduced proportionally if you’re found partially at fault.

Insurance Policy Limits: While you can technically sue for more than the defendant’s insurance policy limits in Georgia, collecting beyond that amount can be challenging.

Duration of Medical Treatment: Longer durations of treatment can signify more severe injuries, potentially leading to higher settlements.

Economic Damages: These are quantifiable losses, like medical expenses and lost wages. The higher these costs, the higher the potential compensation.

Average Settlements in Georgia

While every case is unique, understanding the average settlement for rear-end collisions in Georgia can provide a starting point. Factors like the location of the crash, the insurance companies involved, and your representation can influence the settlement.

Rear-end accident cases can vary widely based on the specifics of the incident. It’s crucial to consult with a legal expert to get an accurate estimate for your particular situation.

Being involved in a rear-end accident can be a harrowing experience. Beyond the immediate shock and damage, navigating the legal avenues for appropriate compensation can be daunting.

However, armed with the proper knowledge and legal assistance, you can ensure that you’re adequately compensated for the damages incurred. Remember, every case has its nuances, so it’s essential to approach it with a comprehensive understanding and the proper support.

Importance of Legal Representation

While it might seem straightforward to claim compensation after a rear-end accident, navigating the legal and insurance systems can be complex:

Dealing with Insurance Companies: Insurers often aim to minimize payouts. They might undervalue your claim, delay the process, or even deny it under certain pretexts.
Gathering Evidence: A strong claim requires substantial evidence, from photographs of the accident scene to medical reports and witness statements.
Negotiating Settlements: Having an attorney can help you negotiate better settlements, as they understand the legal intricacies and can counter low-ball offers.

Rehabilitation and Long-term Impact

Some victims of rear-end collisions might require prolonged rehabilitation, especially in cases of whiplash or spinal injuries. It’s essential to understand and account for:

Physical therapy sessions: Many victims require regular physical therapy to regain strength and mobility.
Counseling and emotional therapy: The trauma of an accident can have long-lasting psychological impacts.
Long-term care: In severe cases, victims might need assisted living or prolonged medical care.

Considering these factors while seeking compensation ensures you’re adequately covered for present and future challenges.

Need Expert Legal Assistance?

If you or a loved one has been involved in a rear-end accident and are seeking compensation, the dedicated attorneys at Castan Lecca & Boeschen are here to guide you every step of the way.

With our wealth of experience and commitment to our clients, we’ll ensure you get the justice you deserve. Contact us today to schedule a consultation, and let us advocate for your rights.

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

March 23, 2023 by Daniel UltimMarketing

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.

What you need to know about roofing injuries

September 19, 2022 by Daniel UltimMarketing

If you currently work in the roofing industry, you are likely to be hurt in a work accident. Being injured as a result of a mishap due to someone else’s fault can lead you to feel anguished, confused, and worried about your finances since you may be physically unable to work.

Nonetheless, knowing more about the most common roofing injuries, how to prevent them, and what steps you should take after suffering a roofing accident, can allow you to make sure your workers’ comp claim has success. With this blog article, here at Castan & Lecca, we want to provide you with the information you need to know how to prevent and react to these work hazards.

Most common injuries caused in roofing accidents

In 2021, according to the Occupational Safety and Health Administration (OSHA), the most frequently violated standard was not having the proper fall protection in place for construction workers. This fact becomes more appalling when you take into consideration that more than 10,350 workers suffer serious injuries each year when they fall from heights.

Since most roofing contractors work from heights, they’re at risk of falling off a roof and getting hurt. The most common injuries that stem from these accidents are:

Bone fractures: when a roofer falls off a ceiling, the brunt of their landing can result in broken bones.
Traumatic Brain Injury: if a worker falls from a significant height or gets hit by an object, the impact can lead them to suffer traumatic brain injuries. Long-term effects from these physical traumas may cause impairment in their emotional, mental, and cognitive abilities.
Spinal Cord and Back Injuries: falling from heights on a construction site can generate serious back and spinal cord injuries. In some cases, a spinal cord injury may cause partial or complete paralysis.

But not only are roofers exposed to fall accidents. Other work hazards that can cause them injuries are:

Puncture Wounds: roofers may puncture themselves by using a nail gun without the proper care.
Repetitive motion injuries: performing activities such as nailing or hammering boards for long periods of time can cause long-term effects such as tendonitis, carpal tunnel syndrome, and pinched nerves.
Heat-related injuries: working under the sun for long hours, especially during the summer, can cause roofers to suffer heat exhaustion, heat stroke, and receive severe sunburns.
Electrocution: roofers are most likely to face this danger when their metal ladders come in contact with power lines.
Falling objects: roofers may be hit by falling objects such as debris, materials, scaffolding, bricks, and unsecured construction materials (e.g., ladders).

How to prevent roofing injuries

Employers are legally obligated to keep their workers safe. In the roofing industry, OSHA standards are intended to keep workers safe while they perform their jobs. For example, proper safety materials must be provided to them in order to prevent workplace injuries. These are the personal protective equipment employees must have and use:

Personal Fall Arrest Systems
Guardrail systems
Hard hats
Gloves
Goggles
Earplugs
First Aid Kits
Orange vests

However, not only personal protective equipment keeps roofers safe while doing their job. Other OSHA standards that roofing employers must follow to avoid workplace hazards at a minimum are:

Train all workers in fall protection.
Supervise workers to make sure fall protection equipment is being used correctly.
Warn workers of potential hazards using color codes, safety posters, labels, and signs.
Place the official OSHA poster on the construction site to inform roofers of their rights and responsibilities.
Keep records of workplace injuries and illnesses.
Provide employees and their representatives with access to medical records.

Not only employers are fully responsible for preventing workplace injuries. As an employee, the CDC has published a list of recommendations to prevent roofers from falling. Monitoring weather conditions, using a buddy system when working at heights, properly using a ladder, and securing scaffolds are some tips you should follow and apply to ensure both you and your coworkers’ safety.

Most accidents in the roofing industry can be prevented by making sure both you and your employer are taking the right steps in planning, training, and properly using safety protocols and equipment.

What to do when in jured in a roofing accident

In the tragic event, you were to get injured in a roofing accident, knowing what steps to immediately take whilst knowing your workers’ rights and workers’ comp laws can help you receive the compensation you deserve.

The first step you should follow is to report the accident to your employer and/or construction site manager. In fact, if you inform your injuries after a month, you may not be eligible to receive compensation.

We also recommend you get the names and contact information of witnesses who saw you get injured on the job. Additionally, taking pictures and videos of the accident scene can further back up your case when you’re filing a workers’ comp claim.

Next, you should seek medical attention right away. Remember, you cannot choose your personal physician to check your injuries. Only an approved doctor by your employer can examine your trauma and give you the medical care you need.

However, taking these steps is not the only thing that is going to help your workers’ comp claim. Since the legal process can become overwhelming, hiring an attorney that specializes in workers’ comp can help you with:

Securing the proper documentation and evidence to help your case, such as medical records.
Meeting deadlines to file your claim.
Negotiating with insurance companies.
Providing you with a legal strategy to identify weak points in your case.

Since Georgia operates on a no-fault workers’ comp system, as long as the accident happened during your work shift or was caused by any work activity, you’re eligible to receive benefits without not necessarily showing hard evidence to prove your injuries were caused by your employer’s negligence.

Get the legal help you deserve

If you were to get injured in a roofing accident, here at Castan & Lecca, our many years of experience in Workers’ Comp laws will make sure you receive the compensation you are rightfully owed. Contact us to have a free consultation to start working on your case right away.

Why do you need a personal injury expert attorney?

May 5, 2021 by Daniel UltimMarketing

Accidents never warn. They are unpredictable and can occur to anyone, at any time of the day and at any job. Return to your life can take a long time depending on the severity of the injuries. Likewise, the accumulated stress from the number of medical bills and the lack of money from lost wages can kill your patience. Are you still wondering what you can do to recover yourself? Don’t worry, the Castan & Lecca Law Firm is here to help you. Our personal injury attorneys are with you to fight for your rights. We have negotiation experts with the ability to litigate personal injury accidents.

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5 Reasons You Need An Attorney After a Car Accident

April 7, 2021 by Daniel UltimMarketing

On average, there are around 6 million car accidents in the United States every year. After these accidents, most people find themselves wondering if they need an attorney in order to receive proper compensation. Even in minor fender benders, victims may need to acquire legal representation. It’s overwhelming to handle your physical pain, financial stress and negotiate with insurance adjusters all on your own. Suppose you are injured in a car accident because of another driver’s negligence. In that case, it’s in your best interest to hire a car accident injury attorney to help with your injury claim. After a car accident, the first thing you should do is call 911 and get the medical attention you require. After gathering proper evidence and speaking to witnesses, you should contact an experienced car accident attorney to learn the next steps you need to take in order to get compensation. There are many reasons you should speak to an attorney after your accident, from getting maximum compensation to ensuring you recieve proper medical care. Read more to find out what the benefits are.

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Who is At Fault? Accident in Georgia

June 24, 2020 by Daniel UltimMarketing

Let’s say you injured your back in a slip-and-fall accident in the grocery store because you stepped in a spill in the produce section while you were distracted on the phone. Is the grocery store liable for your injuries, or is the accident your fault, because you failed to take proper precautions?

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