How to document accident scenes effectively to support insurance claims and legal cases

How to document accident scenes effectively to support insurance claims and legal cases

Accidents can be distressing and chaotic events, leaving individuals involved feeling overwhelmed and uncertain about the next steps. However, the importance of effectively documenting accident scenes cannot be understated, especially when supporting insurance claims and legal cases. 

Proper documentation is vital in establishing the facts, determining liability, and ensuring fair compensation for all parties involved.

The importance of documentation

When a car accident occurs, the immediate priority is ensuring the safety and well-being of everyone involved. However, as soon as it is safe to do so, documenting the scene becomes paramount.

Key elements of effective documentation

  • Photographic evidence: High-quality photographs of the accident scene, vehicle damage, injuries, road conditions, weather, traffic signs, and contributing factors are crucial.
    These images offer a visual representation of the scene’s conditions at the time of the accident. They can also help establish the severity of the collision and provide insights into potential causes. 
  • Video recordings: In addition to photographs, video recordings can provide a comprehensive view of the accident scene. Video footage can capture details that photos might miss, such as the behavior of other drivers, the sequence of events, and the immediate aftermath.
  • Witness statements: Statements from eyewitnesses can play a pivotal role in corroborating your version of events. Obtain contact information from willing witnesses, ask them to describe what they saw, and document their statements. Witness testimonies can provide an objective perspective that supports your account of the accident.
  • Police reports: If law enforcement responds to the accident scene, a police report will be generated. This report can provide an official account of the accident, including details about the involved parties, witness statements, and the officer’s assessment of the scene. Request a copy of the police report for your records.
  • Medical records: If injuries were sustained in the accident, documenting medical records is essential. Medical reports, X-rays, prescriptions, and receipts for medical expenses should be preserved. These records help establish the extent of your injuries and the associated costs for treatment.
  • Damage assessment: Document the damage to all vehicles involved in the accident. Capture photographs from various angles, including close-ups of specific areas of damage. Obtaining repair estimates from reputable mechanics can further validate the extent of damage and repair costs.

  • Road conditions and environment: Note the prevailing road conditions, including debris, potholes, skid marks, and any other factors that might have contributed to the accident. Additionally, document lighting conditions, weather, and visibility.
  • Personal belongings: If personal items were damaged or lost in the accident, such as electronic devices, clothing, or luggage, document their condition and value. This information could be relevant when seeking compensation for property damage.
  • Communication records: Keep records of any communication related to the accident. This includes conversations with insurance agents, other drivers, and medical professionals. Written records of these interactions can serve as evidence of the steps you’ve taken and the information you’ve provided.
  • Time and date stamps: Note the exact time and date of the accident. These details can be critical when establishing a timeline of events and determining liability.

Proper documentation can significantly impact the outcome of a legal case. Attorneys and insurance companies rely on detailed evidence to build strong cases and accurately assess liability. Adequate documentation can expedite the claims process and ensure that you receive fair compensation.

The Benefits of Effective Documentation

Documentation plays a crucial role in supporting an insurance claim or legal case. Here’s how effective documentation can help:

Establishing proof: Documentation provides tangible evidence to support your claim or case. It helps establish the facts and provides a clear record of the incident, injuries, damages, and other relevant details.

Demonstrating causation: Documentation can help demonstrate the causal relationship between the incident and the injuries or damages claimed. It shows that the injuries or damages directly resulted from the incident in question.

Providing credibility: Well-documented evidence enhances your credibility, as it shows that you have taken the time and effort to gather and organize relevant information. This can strengthen your position and make your claim or case more persuasive.

Supporting valuation of damages: Documentation, such as medical records, bills, and receipts, helps support the valuation of damages. It provides proof of the expenses incurred, including medical treatments, property repairs, and other related costs.

Negotiating settlements: Strong documentation can be valuable during settlement negotiations with insurance companies or opposing parties. It provides a basis for calculating fair compensation and can help you present a compelling case for the amount you seek.

Preparing for litigation: If your case goes to court, thorough documentation becomes even more critical. It provides the necessary evidence to present your case effectively and counter any opposing arguments.

Contact Castan Lecca & Boeschen

In the unfortunate event of an accident, the importance of thorough documentation cannot be overstated. If you find yourself in such a situation, remember that the Castan Lecca & Boeschen team is here to assist you. Our experienced attorneys can guide you through the process of documenting the accident scene effectively and help you navigate insurance claims and legal proceedings. Don’t hesitate to contact us for advice and support when needed.

Documenting accident scenes effectively is crucial in supporting insurance claims and legal cases. The information and evidence you gather can make a significant difference in establishing liability, receiving fair compensation, and ensuring a smoother claims process. 

By following the guidance provided by legal experts and incorporating elements such as photographic evidence, witness statements, and accurate records, you can enhance your chances of a successful resolution after an accident. Remember, documentation is your advocate after an unfortunate event, so prioritize this process to protect your rights and interests.





The Lifesaving Shield: The Crucial Role of Seatbelts in Reducing Car Accident Injuries and Fatalities

The Lifesaving Shield: The Crucial Role of Seatbelts in Reducing Car Accident Injuries and Fatalities

Every time you step into a vehicle, whether for a quick errand or a long road trip, one simple action can make a world of difference in ensuring your safety: wearing a seatbelt. Seatbelts are a cornerstone of vehicle safety, with a proven track record of significantly reducing injuries and fatalities in car accidents. 

As a car accident law firm at Castan Lecca & Boeschen, we understand the vital role seatbelt usage plays in minimizing the impact of accidents.

The cold, hard facts

According to the Centers for Disease Control and Prevention (CDC), more than half of all drivers and passengers who die in motor vehicle crashes each year were not wearing seatbelts at the time of the collision. That’s a staggering statistic that underscores the lifesaving potential of this simple safety measure. In fact, the CDC reports that seatbelts reduce the risk of death in car crashes by about 45% and the risk of serious injury by about 50%.

Mechanisms of protection

The mechanism by which seatbelts protect occupants is straightforward yet critical. In the event of a collision, the force generated can cause the body to move suddenly and violently. Seatbelts restrain occupants and distribute these forces over the strongest parts of the body – the hips and shoulders. This helps prevent occupants from striking the vehicle’s interior or being ejected altogether, reducing the severity of injuries.

Types of injuries prevented

Seatbelts effectively prevent a range of injuries that can occur during a car accident, including:

  • Head injuries: By keeping passengers securely in their seats, seatbelts prevent the head from striking the windshield, dashboard, or other hard surfaces.
  • Whiplash and neck injuries: Properly worn seatbelts help control the head and neck’s sudden forward and backward movement, reducing the risk of whiplash and other neck-related injuries.
  • Ejection: One of the most severe consequences of not wearing a seatbelt is the risk of ejection from the vehicle during a crash. Ejection dramatically increases the likelihood of fatal injuries.
  • Internal injuries: The force of a collision can cause passengers to collide with the vehicle’s interior or each other. Seatbelts mitigate this impact, reducing the risk of internal injuries.
  • Spinal cord injuries: seatbelts prevent sudden jolts that can lead to spinal cord injuries, which can have lifelong consequences.
  • Airbag effectiveness: Airbags are designed to work in conjunction with seatbelts, not as a replacement. Without a seatbelt, airbags alone may not provide adequate protection during a crash.

Real-life impact

To emphasize the real-life impact of seatbelt usage, consider the case of a recent car accident that occurred in Georgia.

In this incident, a vehicle collided head-on with another car while traveling at high speed. The occupants of the first car were wearing their seatbelts, while those in the second car were not. The results were striking: the occupants of the first car suffered minor injuries and were able to walk away from the accident, while the occupants of the second car sustained severe injuries that required hospitalization.

Beyond the basics: advancements and teen safety

Seatbelt usage is not just about buckling up – it’s about embracing technological advancements and addressing specific challenges, such as encouraging teenagers to make seatbelt usage a habit. 

Advanced seatbelt technologies, like pre-tensioners and load limiters, enhance the protection provided by traditional seatbelts. They tighten the belt during a collision to keep occupants firmly in place while minimizing the risk of injury. However, fostering seatbelt habits among teenagers can be challenging. 

According to the National Highway Traffic Safety Administration (NHTSA), teen drivers have a lower seatbelt usage rate than other age groups. Educational campaigns and parental influence play a crucial role in motivating young drivers to prioritize their safety.

The evidence is undeniable: wearing a seatbelt can be the difference between life and death in a car accident. The statistics, research, and real-life examples all underscore the importance of this simple yet crucial safety measure. As a law firm committed to the well-being of Georgia’s residents, Castan Lecca & Boeschen urges you to always wear your seatbelt – no matter how short the trip or your familiarity with the route.

If you or a loved one have been involved in a car accident, remember that our team at Castan Lecca & Boeschen is here to help. Our team is dedicated to protecting your rights, and you receive the compensation you deserve. 

Contact us today for a free consultation, and let us guide you through the legal process while you focus on your recovery and healing.

Remember, a seatbelt is more than just a strap – it’s a lifeline that can save lives and prevent life-altering injuries. Make it a habit, not just a choice, to buckle up whenever you get in a vehicle. Your safety and the safety of your loved ones depend on it.

 

 

 

 

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

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 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.












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 are the most common injuries after a car accident?

After an accident, it’s common for people to not see or feel any injuries at first. However, a few hours later, they may feel parts of their body becoming sore and have difficulty moving. That is why after an accident, one of the first steps should be to seek medical help right away, no matter if there seem to be no visible or severe injuries. 

Here at Castan & Lecca, we recommend accident victims see a healthcare professional within the first 24 hours after a car accident, even if they don’t feel any pain at all. Although they may have minor injuries that don’t necessarily require medical attention, it’s best to rule out any possibility of hidden injuries with long-lasting side effects.

In this blog article, we’ll let you know the most common injuries people experience after a car accident, as well as, explain how to start taking legal action for your compensation.

The most common injuries you need to look out for


Neck injuries:
Car accidents are one of the leading causes of neck injuries. These can be very serious and can affect the spine and nervous system. Symptoms may include severe pain, tingling, weakness in extremities, difficulty moving the head or neck, and trouble breathing or speaking.

Mild neck injuries may include sprains or strains, which usually heal within a few days or weeks with proper treatment. Serious neck injuries may result in fractures, dislocations, or nerve damage and may require surgery and long-term treatment.

Chest injuries: Physical damage to the chest can be very serious, since many vital organs, including the heart, lungs, liver, and kidneys, may be damaged. Symptoms associated with chest injuries include severe chest pain, shortness of breath, coughing up blood, pain when swallowing, swelling, and deformity of the chest.

One of the most common chest injuries is rib fractures, which can be painful and make it difficult to breathe or move. Other types of injuries are pulmonary contusions, which are bruises to the lungs caused by the blunt force of the impact and can result in heart, lung, or liver damage.

Extremity traumas: Leg and arm injuries may include bone fractures, sprains, dislocations, and nerve damage.

The legs and arms are particularly prone to fractures after a strong impact. Fractures can either be when a bone breaks in one place or a compound bone fracture when the bone breaks or cracks through the skin.

On the other hand, sprains occur when the connective tissue surrounding the joints is damaged by a sudden movement, fall, or impact. These injuries usually occur in the ankles, knees, and elbows. Symptoms may include pain, swelling, and joint stiffness. Sprains usually heal on their own within a few days or weeks with proper treatment.

Spinal cord injuries: Any damage to the spinal cord can affect the body’s ability to transmit nerve impulses. If the spinal cord is damaged, there may be a loss of sensation or paralysis in the arms or legs. In some cases, there may be damage to internal organs such as the bladder and bowels.

Spinal cord injuries can be mild or severe and may occur anywhere along the spinal column. Mild injuries may include sprains or strains, while severe injuries may include fractures, dislocations, or nerve damage. Some of these injuries can be permanent if not treated properly and may require long-term treatments such as physical therapy, medications, and in some cases, surgery.

Internal organ damage: After a strong impact in a car accident, internal organs may be damaged. These injuries can be severe and sometimes fatal, and may not appear or be felt immediately after the accident. Symptoms may include abdominal pain, shortness of breath, coughing up blood, pain when swallowing, and bluish or pale skin.

The most common internal organ damages occur in the heart, lungs, liver, kidneys, and stomach. Some internal injuries may require immediate surgery to repair any damage and prevent long-term complications. Other types of internal injuries may require long-term treatments, such as medication to control pain and inflammation.

Head trauma: Any blow to the head after an impact may lead to head trauma. Victims may have symptoms like severe headache, dizziness, nausea, vomiting, confusion, drowsiness, impaired speech or balance, and loss of consciousness. These injuries can also cause brain contusions and internal bleeding. In some cases, head traumas can be fatal or have permanent disabilities, including paralysis, problems with memory, or speech problems.

Psychological damage: Although most people believe that the most common injuries after a car accident are physical injuries, these events can cause psychological issues. Victims may suffer from anxiety, depression, post-traumatic stress disorder, and sleep disorders that stem from a traumatic car wreck and may need medical treatment to deal with them.

What happens next after noticing any injuries? How can I start taking legal action?

Car accidents happen every day. While some may be considered minor car wrecks and do not cause injury, others may cause serious injuries. The first line of defense in preventing further injuries must be finding a physician to evaluate your condition after the accident. The next step is to find an auto accident attorney ready to take on your case and get your compensation.

If you’re not sure whom to call for legal representation, at Castan & Lecca, we can take on your car accident case. Not only do we gather all the evidence needed to prove you weren’t at fault, but we can also point you to physicians or healthcare providers we trust that can provide you with the exact treatment you need. Contact us today for a free consultation.

 

 

 

 

 

 

 

4 TYPES OF DAMAGES YOU CAN CLAIM FOLLOWING A CAR ACCIDENT

Sustaining an injury in a car accident can be a traumatic experience. Common injuries include whiplash, broken bones, internal injuries, neck strains, and muscle sprains. Recovery from these injuries takes careful rehabilitation under the supervision of trained specialists or even extensive hospital stays. 

 

The time it can take for you to heal from your injuries could be anywhere from a few weeks to several years. Some injuries can be permanent or even prove to be fatal. 

 

An injury suffered as a result of a car accident should always be taken seriously. As always, you should seek immediate medical care, whether on site after the accident or at the hospital. It is recommended that you seek medical attention for your injury within 24 hours of the accident.

 

But getting the right medical care requires time and money. It is therefore important that you seek to secure damages, or monetary compensation, following a car accident. A skilled personal injury attorney will be able to assist you in this process. 

 

Awarded damages are given to the injured party due to a variety of factors, including:

 

  • Lasting impacts on how your live your life

  • Psychological trauma

  • Physical injury

 

But what are the types of damages you can seek after you’ve been injured in a car accident? We’ll lay out some of the damages you could receive here in this blog post. If you have further questions, you can always reach out to us to set up a free consultation of your case. 

The Two Categories of Damages You Can Receive After a Car Accident Injury

 

Special (Economic) 

Special, or economic, damages are damages that are concretely measurable, such as money lost from being unable to work, property damage, or medical expenses. These types of expenses have tangible value attached to them. Special damages are, generally speaking, easier to prove than noneconomic damages. 

 

General (Noneconomic)

General, or noneconomic, damages are more difficult to quantify in the aftermath of a car accident. General damages can include pain and suffering, loss of companionship, disfigurement, loss of reputation, and loss of enjoyment of life. Due to the nature of many of these items, because they can be harder to measure, they can be harder to prove. 

 

General damages always depend upon circumstances of both the accident and the injury, including the extent of medical treatment. It is therefore crucial that you seek a skilled personal injury attorney in this case. You should not have to miss out on receiving the compensation you deserve. 

 

If you’ve been injured in a car accident, you may be entitled to seek both special and general damages to alleviate the circumstances of your difficult situation. We will discuss both general and special damage examples here: 

Medical Expenses

If you are in a car accident, injuries may be as minor as a few cuts and bruises or as serious as a permanent disability like paralysis. Furthermore, some injuries may not produce symptoms at first or may need additional medical care down the road. It’s important to undergo a thorough medical examination immediately following a car accident if you believe you may have been injured. 

 

Medical expenses incurred during this time can be paid for by seeking special damages. According to FindLaw.com, medical expenses arising from a car accident may include: 

 

  • Physical therapy 

  • Cognitive therapy (for brain injuries)

  • Fees for hospital transport via ambulance 

  • Consultations with healthcare providers

  • Various medical accessories like wheelchairs or neck braces 

  • Treatment for permanent disability like paralysis or traumatic brain injury 

  • In-home services like nursing

Following an injury from a car accident, you might have to spend a lot of time at doctors’ offices, rehabilitation clinics, or even the hospital. These experiences could be very taxing physically due to pain and emotionally due to psychological trauma. 

Pain and Suffering

According to Cornell University Law School, “pain and suffering refers to the physical discomfort and emotional distress that are compensable as non-economic [general] damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury.” Being that pain and suffering is relative, this type of damage is considered noneconomic, because it is harder to quantify. 

 

Pain and suffering is determined by examining the types of injuries sustained and the severity of these injuries. An experienced personal injury attorney will certainly help you determine what you are eligible for and the extent of monetary damages you may be entitled to receive. 

 

According to New York University, a general type of damage that falls under the pain and suffering category is physical disfigurement. Many times in car accidents, the physical injuries leave lasting scars. These scars can have the ability to affect one’s mental wellbeing. In addition to lasting physical effects, there is lowered quality of life, which can also be long-lasting or even permanent.

Lost Wages 

The loss of wages can be devastating to those who have been injured in a car accident. In addition to vehicle damage, you might be injured to the extent that you are unable to work. If that is the case, you may end up losing income. This could put your housing in jeopardy, and it could affect being able to pay basic bills like utilities, insurance, groceries, and other general family expenses.

 

Seeking economic (or special) monetary damages will help make up for the wages lost during your recovery time. When seeking compensation for lost wages, the plaintiff must prove that the severity of their injuries has prevented them from earning the wages that they once earned. 

 

A skilled personal injury lawyer can assist you in this process. The sooner you meet with a legal professional, the faster you can secure the compensation you need to get your life back on track. 

Loss of Society and Companionship 

Loss of Society and Companionship, also known as Loss of Consortium in the state of Georgia, is another type of monetary damage victims may seek following an injury in a car accident. It is essentially the deprivation of benefits a family member would otherwise have if the victim had not sustained an injury in the accident. In most cases, the spouse of the injured party would sue the defendant for damages such as these. 

 

This type of monetary damage is considered general because there is no real monetary value that can be placed upon a loved one’s companionship. 

 

Sustaining an injury in a car accident can be a traumatic and life-changing experience, one with a lasting effect on how you live your life. There could be major changes that you are forced to undergo as a result of an injury. The relationship you have with a loved one is no different. This is why accident victims are entitled to seek this type of compensation. 

 

In this instance, not only does the plaintiff have to prove the extent of their injuries and the effect on their life, but the spouse must then also prove how the injury has affected theirs. According to FindLaw, the loss of consortium damages cannot be recovered if the plaintiff does not recover damages for their injuries.

Conclusion 

There are several different types of damages a victim can receive following an injury in a car accident. These include general damages, which cover things like pain and suffering. General damages are harder to quantify because, many times, they extend into the realm of mental health and anguish. 

 

The other major category of damages is special. This is largely tied to measurable monetary loss like loss of wages and medical expenses. 

 

The aftermath of a car accident injury can be taxing, both physically and mentally. This is why car accident victims are eligible to receive the compensation they need to not only pay for existing, quantifiable expenses, but also for general mental anguish as a result of a major life change. 

 

This time can be difficult, make no mistake. This is why we at Castan & Lecca do what we do. We take pride in leveraging our experience to secure 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. 

 

What is Included in Personal Injury Cases in Atlanta?

Castan y Lecca Group
If you have experienced an accident, injury, or lost a loved one due to someone else’s negligence, you have experienced a personal injury. These cases are complex and require the guidance of an expert personal injury attorney.  The first step in understanding personal injury is to define and categorize personal injury. As stated previously, personal injury is defined as any injury or death caused by a negligent party.
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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

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

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.