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.

Who to notify after an accident on the job?

April 3, 2023 by Daniel UltimMarketing

Creating a safe working environment is a priority for employers and employees; most companies have specific programs to prevent work-related injuries, but sometimes that’s not enough. If you get injured by performing any task at work, the first step should always be reporting it to your employer, preferably in writing, and the sooner you do it, the better. You’re not doing yourself or your employer any favors by pushing through pain or ignoring an injury.

Reporting an injury at work immediately should be obvious, but in many cases, employees fail to do so; even if you don’t require immediate medical attention, reporting the incident to your supervisor is essential and will prevent many potential issues. When an accident is not reported, your employer can deny medical treatment or will try to imply the injury happened outside of the workplace, causing problems with your workers’ comp benefits.

Failing to report an incident on time can cause several problems, not only with your employer but with your workers’ compensation insurance carrier or private health insurance.

Types of injuries sustained at the workplace

Most commonly, there are two types of injuries an employee can sustain at their workplace: an acute one, which refers to a sudden accident, fall, or strain, and an injury sustained over time, like carpal tunnel syndrome and repetitive use syndrome, among others.

No matter the type of injury, reporting it is essential since, under Georgia Law, the employee has 30 days to report it. So if the injury was acute, it should be reported immediately after. The 30-day period would begin to count for injuries sustained over time when the worker realizes they can’t perform their usual duties.

Workers’ compensation rights and responsibilities

According to Georgia Law, most, if not all, workers who suffered an injury at the workplace are eligible for some degree of benefits through the worker’s compensation system. These benefits can include reimbursement for medical treatment, rehabilitation support, loss of wages, and supplemental income. In the case of death, the worker’s dependents may also be eligible to claim certain benefits.

While finding an at-fault party is not typically a deciding factor in receiving workers comp benefits, workers should demonstrate a level of responsibility by following the process after sustaining an injury.

You should take these steps to protect your case:

Report the injury: Report the incident to your supervisor immediately and preferably in writing. Telling a coworker isn’t sufficient, also doing it promptly is vital. Waiting more than 30 days to report it can cause you to lose the opportunity to receive your benefits.

Get a list of approved doctors: Your employer should provide a list of approved doctors (sometimes known as a “panel of physicians”) you are allowed to see. If you need this list, ask your supervisor or the HR department.

If you have the approved doctor’s list and decide to go to your family doctor, your employer’s insurance company could use this as an argument to deny your worker’s comp benefits. If your employer doesn’t provide a list in a timely manner, go to your family doctor if required.

Get medical treatment: Schedule an appointment as soon as possible with one of the physicians and follow the treatment plan to the letter, including follow-up appointments, tests, and physical therapy if that’s the case. If you need emergency medical treatment, your employer worker’s comp insurance company must pay regardless.

File a claim with Georgia State Board of Workers’ Compensation: To protect your rights, file a claim with the State Board of Workers’ Compensation and send a copy to your employer and their workers’ comp insurance carrier. You can access it online or call the State Board directly.

Request a copy of the report and any notes filed on your case: Ask your employer for a copy of the report they must file to their insurance company and have all your medical records and files in order.

Update your employer on any changes: If your doctor gives you any restrictions to return to the job or excuses you from work, you need to keep your employer updated. All this information should be done in writing, and you should keep copies of your own. If your doctor excuses you from work indefinitely, check with your employer how to handle this situation and follow any agreement to the letter.

Ensure the insurer is informed of your injury: Most companies have a workers’ compensation insurance company that handles the claims for them; make sure the HR Department has reported your injury to them. It’s always good to check directly, so ask for the contact information of the agent handling your case.

Talk to an attorney: Last but not least, contact the trusted attorneys at Castan & Lecca if you believe you should file a workers’ compensation claim. We have handled countless cases, helped many workers get the benefits they deserve, and overcome any obstacles that may arise in the process.

How do weather conditions affect car accidents?

April 3, 2023 by Daniel UltimMarketing

Commuting to and from work is part of most people’s daily activities; in fact, workers in Georgia have one of the longest commuting times in the country, with an average of 28.4 minutes each way. All this time on the road leaves Georgia residents more vulnerable to car accidents; recent statistics show more than 1,720 drivers are involved in accidents daily! That’s around 70 car accidents per hour. And one of the top 10 leading causes of car accidents is bad weather.

The fact is, bad weather increases the chances of a car accident, conditions such as fog, rain, and snow can hamper visibility and impact the performance of your vehicle.

Types of “bad weather”

When someone says “bad weather,” what first comes to mind is snow, but there are more categories of bad weather that can affect driving.

Black ice: When rain or snow freezes on the road, it creates black ice, patches of ice especially tricky to spot, hitting them can cause drivers to lose control of the vehicle in a matter of seconds.
High winds: Strong winds can cause debris like tree branches to hit the car and also, make large vehicles harder to control and cause them to rollover.
Rain: From a light drizzle to pouring rain, any type of precipitation can be dangerous; it makes the road slick, especially during the first 10 minutes of rain.

You may think that snow and black ice are the leading causes of weather-related car crashes, but the truth is that rainy conditions and wet pavement take the lead on what causes the most weather-related accidents.

Why is driving in the rain so dangerous?

Poor visibility: Heavy rain causes diminished visibility, affecting the driver’s ability to see ahead for obstacles and other drivers. According to the FHWA, nearly 70% of weather-related crashes occur on wet pavement.
Hydroplaning: This occurs when the car’s tires don’t have proper traction due to wet road surfaces, which can cause drivers to spin and lose control of the vehicle.
Speeding: Drivers often fail to adjust their speed when it’s raining, often causing rear-ended accidents.

How to prevent a weather-related car accident?

The best way to prevent a weather-related car accident is to avoid driving in these conditions, which is often impossible for most drivers. So if you have to drive, slow down, pay attention to the road, and take additional precautions like:

- Avoid braking suddenly: If you feel like your car is slipping, don’t brake; take your foot off the gas and turn the steering wheel in the direction you are skidding while gently tapping the brake pedal. This will likely straighten the path of the vehicle.
- Stay focused on the road: When weather conditions are hazardous, pay extra attention to the road ahead, and put away anything that might distract you, especially your phone. Other drivers or pedestrians could be stopped ahead, and you need extra time to brake, especially when the road is slippery.
- Slow down: There’s nothing worse you can do than speeding in bad weather; your safety is more important than getting home early. A slower pace allows you to brake if there are any obstacles in the road.
- Increase the distance between you and other vehicles: Double the distance between you and the car ahead, and avoid driving right next to another vehicle.
- Keep your headlights on: Even if it’s daytime, having them on will increase visibility and allow other drivers to see you in the distance. If the weather worsens, consider turning on your hazard lights, especially if you are slowing down.

Stay calm: Driving in hazardous weather can be scary even for the most experienced drivers, you may feel extra nervous, but staying calm is key to making smart and safe decisions.

Winterize your vehicle: If winter is approaching, make sure your tires and windshield wipers are in good condition, and replace them if necessary.

Car accident injuries can sometimes be nearly fatal, requiring a hospital stay, long-term medical care, and physical rehabilitation, leading to substantial hospital bills, loss of wages, and more. If you are in this unfortunate situation, you could wonder if you can get financial compensation. If a faulty party is involved, you might be entitled to it, but when the weather plays a role in a car accident, figuring out who’s at fault can be very tricky. However, the driver that caused the accident could still be liable as there are preventative measures that could have been taken to avoid it.

If you or a loved one are in this situation, reach out to an experienced attorney in Castan & Lecca that can assist you and figure out whether you are entitled to any type of compensation and how to handle this case.

10 Common Workplace Injuries in Atlanta, Georgia

September 8, 2021 by Daniel UltimMarketing

The nature of work activities can generate a number of injuries and situations that can put any employee at risk. That is why it is essential to have a general understanding of the types of injuries you may face while performing your daily tasks.

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The 4 Mistakes That Will Make You Lose a Car Accident Claim

August 2, 2021 by Daniel UltimMarketing

Imagine coming home from work and having a car accident on one of Atlanta’s busy roads. Do you know what actions you need to take to obtain successful compensation? What should you never do in the presence of the police? What should you do make a car accident claim? The vast majority of those injured in the state of Georgia do not carry out this type of action and end up regretting it. And the stakes are high! You must learn how to prevent a car accident in Atlanta.

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Benefits of Hiring a Workers’ Comp Attorney

June 22, 2021 by Daniel UltimMarketing

Imagine you’re at work, and you’re walking through a warehouse when you slip on something on the floor. You fall and land straight on your back. You feel a sharp pain and you immediately know something isn’t right. So many thoughts begin to race through your mind. Will I need medical care? How long will I be out of work? How will I pay for everything? Next thing you know, you’re unable to work and are filing for workers’ compensation benefits without knowing workers’ compensation laws or anything about the process.

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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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