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

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

Woman in the street waiting for bus

Being involved in a commercial vehicle accident, such as a truck or a delivery van, is significantly different from a typical car accident. The size and weight of commercial vehicles mean that the damage and injuries can be more severe, and the legal landscape more complex. 

 

This blog post, brought to you by Castan, Lecca & Boeschen, outlines the critical differences, common injuries and damages caused by Commercial vehicle accidents, and the legal options available in Georgia to seek liability and compensation.


How Commercial Vehicle Accidents Differ from Car Accidents

Commercial vehicles parked

The primary distinction in accidents involving commercial vehicles lies in the size and operational nature of these vehicles. Commercial vehicles are typically heavier and larger, which not only causes more significant impact but also results in more severe injuries and damage. Additionally, commercial drivers often spend long hours on the road, which can lead to fatigue and other driving impairments.

 

Another major difference is the regulatory environment. Commercial vehicles are subject to federal and state regulations that don’t apply to private drivers. These regulations cover vehicle maintenance, hours of service, driver qualifications, and more. Violations of these regulations can contribute to accidents and affect liability and compensation.

 

Types of Injuries and Damages

 

Victims of commercial vehicle accidents may suffer from a range of severe injuries, including but not limited to:

 

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries and paralysis
  • Broken or fractured bones
  • Internal injuries
  • Emotional trauma such as PTSD

 

The damages in these accidents are not limited to physical injuries. Victims often face substantial financial burdens due to medical expenses, loss of income, property damage, and long-term rehabilitation costs.

 

Damages can be so severe that even the National Highway Traffic Safety Administration (NHTSA) promotes safe behavior around everything related to driving so everyone benefits from safer roads.


Legal Recourse and Compensation Options

Castan and Lecca's lawyer

Victims of commercial vehicle accidents have several legal avenues to seek liability and compensation. At Castan, Lecca & Boeschen emphasize the importance of understanding these options:

 

  • Filing a Claim: The first step typically involves filing a claim with the liable party’s insurance company. Given the complexities involved with commercial vehicles, determining liability can be intricate, as it may involve the driver, the company owning the vehicle, or even third-party contractors.
  • Negotiating a Settlement: Most accident claims are settled out of court. Settlement involves negotiating a compensation amount with the insurer or the legal representatives of the liable party. Professional legal counsel from firms like Castan, Lecca & Boeschen can play a crucial role in ensuring that the settlement covers all potential current and future expenses related to the accident.
  • Going to Court: If a satisfactory settlement cannot be reached, the case may go to court. Litigation can be lengthy and complex, particularly in commercial accidents, where multiple parties and legal intricacies are involved.

 

Most importantly, knowing that your rights deserve to be protected and respected is the most essential part of the vehicle accident procedure with legal action. Knowing your worth will allow you to act accordingly, never allowing insurance companies or third parties to lowball you with mediocre settlement offers.

 

Tips and Guidance After the Accident

 

Following an accident with a commercial vehicle, take these steps to protect your rights and strengthen your case:

 

  • Report the Incident: Immediately call the police to report the accident. A police report is vital documentation for insurance and legal processes.
  • Collect Evidence: Gather as much information as possible at the scene. This includes photos of the accident, contact information from witnesses, and details from the commercial vehicle driver and their company.
  • Seek Medical Attention: Even if you feel fine, consult a healthcare professional to assess any injuries. Medical records will be crucial for your claim.
  • Contact a Commercial vehicle accident Lawyer: Early legal guidance is crucial. Contact a reputable law firm like Castan, Lecca & Boeschen to discuss your case. They can guide you through the legal maze and help safeguard your rights.

 

If you or someone you know has been involved in an accident with a commercial vehicle, it’s crucial to act swiftly and informedly. Contact Castan, Lecca & Boeschen for expert legal advice and representation. Our experienced team is ready to help you navigate through this challenging time and ensure you receive the liability and compensation you deserve. 

 

Reach out today for a free consultation, and remember that our team has exceptional Commercial vehicle accident lawyers, ready to provide superior results!

 

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Can I Sue If a Dog Bites Me at a Friend’s House?

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Suing a Friend After Their Dog Bites You?

friends negotiating about dog bite event and how to proceed legally

Experiencing a dog bite can be a traumatic event, especially if it occurs at a friend’s house. Navigating the aftermath of such an incident involves understanding your legal options, handling the situation delicately, and possibly seeking compensation for your personal injuries. 

This blog post from Castan, Lecca & Boeschen will guide you through the steps to take if you are bitten by a dog at a friend’s house, including how to deal with the incident, contact legal services, filing a claim, and maintaining your personal relationships throughout the process.

Dealing with a Dog Bite Accordingly

German Shepherd - how to deal properly with a dog bite in USA

The first step after being bitten by a dog, regardless of the location, is to ensure that you receive proper medical attention. According to the Centers for Disease Control and Prevention (CDC), about 4.5 million dog bites occur yearly in the United States, and approximately 1 in 5 of these bites become infected. 

Documenting your personal injuries with medical records is crucial and serves as important evidence should you decide filing a claim legally. It’s also essential to report the incident to local authorities or animal control, especially if you believe the dog could be a danger to others. Gathering witness statements and taking photos of your injuries and the location where the bite occurred can further support your case.

Contacting Legal Services After the Incident

After addressing your immediate medical needs, it’s advisable to consult with a personal injury attorney experienced in dog bite cases. Legal professionals can offer crucial advice on how to proceed, particularly in navigating the delicate situation of filing a claim when the dog owner is someone you know, like a friend. 

An exceptional attorney, like the ones available at Castan, Lecca & Boeschen, can help you understand your rights and the potential paths to seek compensation for your personal injuries!

Filing a Personal Injury Claim Through Renters/Home Insurance

Many dog bite incidents can be resolved through a claim against the homeowner’s or renter’s insurance policy of the dog owner. Homeowner’s and renter’s insurance policies cover more than one-third of all animal bite claims, according to data from the Insurance Information Institute. 

These policies often cover liability for dog bites, which means you can receive compensation for medical bills, lost wages, and pain and suffering without having to directly sue your friend. An experienced attorney can facilitate this process, communicating with the insurance companies on your behalf to negotiate a fair settlement.

Separating Legal Issues from Friendships

People discussing whether to start a dog bite lawsuit

Suing a friend or filing a claim against their insurance can be emotionally challenging. However, it is not something that you or your friend were at fault for. It’s important to approach the situation with sensitivity and to communicate openly with your friend about your needs and intentions. 

Keep in mind that insurance is designed to handle such incidents and that seeking compensation for your injuries is a reasonable step to take for your recovery. Emphasizing that the action is not personal but a necessary part of your healing process can help preserve your friendship.

The Importance of a Personal Injury Attorney in These Cases

Lawyers Castan & Lecca prepared for the dog bite lawsuit situation

Navigating a personal injury claim, especially involving a friend, can be complex and fraught with emotional and legal challenges. An injury attorney plays a critical role in managing the legal aspects professionally and tactfully. They ensure that all paperwork is correctly filed, represent your interests in negotiations with insurance companies, and help you obtain the compensation you deserve while maintaining respect for personal relationships. 

Personal injury lawyers have been found to increase settlement amounts by over threefold, according to industry studies, not only increasing the likelihood of a successful resolution but also minimizing stress on you, allowing you to focus on recovery.

If you are bitten by a dog at a friend’s house, understanding your legal options is crucial. By seeking medical attention, reporting the incident, and consulting with a personal injury lawyer, you can ensure your rights are protected while handling the situation with the sensitivity it requires. 

At Castan, Lecca & Boeschen, we understand the nuances of such cases and are here to provide the support and guidance you need to navigate this difficult time. Contact us to learn more about how we can help you achieve a fair outcome without compromising your personal relationships!

Workers Compensation: How to Protect Your Rights

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Workers Compensation: How to Protect Your Rights

Man filling out a workers' compensation claim form

Workers’ compensation is a crucial safety net designed to protect employees and provide financial and medical benefits if they have a work accident or become ill due to their jobs. However, navigating the workers’ compensation system and securing your rightful benefits can be challenging without proper guidance. 

This blog post will discuss workers’ compensation, who is eligible, the importance of personal injury lawyers in these cases, and how to prepare for your claim to ensure the best possible outcome. If you have any questions regarding this topic, or you believe that you may have a case of workers’ compensation in your life, don’t hesitate to contact Castan, Lecca & Boeschen.

What is Workers’ Compensation?

Workers’ compensation is an insurance program mandated by the state to compensate employees who suffer work accidents and illnesses. This program covers medical expenses, lost wages due to injury, and rehabilitation costs. It also provides benefits for dependents of workers who are killed in work-related accidents or suffer fatal work-related illnesses.

Who Can Apply for Workers’ Compensation?

People in various types of jobs - worker's compensation

Almost all employees in the United States are covered under workers’ compensation insurance. This includes part-time, full-time, and, in some cases, temporary and seasonal workers. Independent contractors and volunteers may not be eligible for workers’ compensation benefits, as coverage requirements can vary by state.

Why Trust Personal Injury Lawyers in Workers’ Compensation Cases?

Castan & Lecca attorney ready to help you with your workers' compensation claim

Personal injury lawyers specialize in cases where someone is injured or had a work accident and believes another party is at fault. In workers’ compensation cases, these lawyers can:

 

  • Navigate Complex Laws: They understand the intricacies of state workers’ compensation laws, which can vary significantly.
  • Handle Paperwork and Deadlines: They ensure that all necessary paperwork is filed correctly and on time, adhering to strict legal deadlines.
  • Negotiate with Insurance Companies: Experienced attorneys know how to deal with insurance providers, preventing them from denying a legitimate claim or pressing for a lowball settlement.

How Personal Injury Lawyers Improve Chances of Securing Workers’ Compensation

An experienced workers’ compensation attorney can significantly increase the likelihood of a favorable outcome by:

  • Gathering Comprehensive Evidence: This includes collecting medical records, organizing witness testimony, and sometimes working with experts to strengthen the case.
  • Representing You in Court: If the claim goes to trial, a lawyer will represent your interests, fighting for your rights against employers or insurance companies that may contest your claim.

Possible Outcomes of Workers’ Comp Cases

Worker's Compensation Claim Registration Ticket

The outcomes of these cases can vary, including:

  • Settlement: An agreed compensation amount between the employer/insurer and the employee without going to trial. Normally, this is the most common outcome for people who want a quick and easy process without much legal conflict.
  • Award: Compensation determined by a workers’ compensation judge if no settlement is reached. These cases take longer to achieve, but the economic compensation they award is much bigger than the ones usually awarded in settlements.
  • Denial: The claim can be denied, at which point the employee can appeal the decision. It’s important to remind everyone that having your claim denied does not mean that everything is lost, but further legal action should be carefully considered and planned alongside experts for improved results in further appeals.

Preparing for Your Case

To prepare effectively for a workers’ compensation claim:

  • Report the Injury Immediately: Notify your employer about the injury or illness as soon as possible.
  • Document Everything: Keep detailed records of medical treatments, missed workdays, and how the injury affects your daily life.
  • Gather Evidence: This can include photos of the injury or the workplace area where the injury occurred.
  • Provide Detailed Information to Your Lawyer: The more information your attorney has, the better they can represent you.

Workers’ compensation claims can be complex, but with the right preparation and expert legal representation, you can secure the benefits you deserve. Personal injury lawyers play a crucial role in this process, leveraging their expertise to advocate on your behalf. If you’re facing a workers’ compensation issue, consider reaching out to a qualified personal injury lawyer to ensure that your rights are fully protected.

For more detailed statistics on workers’ compensation claims and outcomes, the Bureau of Labor Statistics (BLS) provides annual reports and databases that can offer insight into how these cases are generally handled and resolved. 

Remember, understanding your rights and the proper steps to take can make all the difference in your case, and being supported by exceptional lawyers, like the ones at Castan, Lecca & Boeschen can provide you with superior results in your case!

Call us today and schedule a free consultation — 678-825-3611

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

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

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

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

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

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

Reason 2: A lack of results

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

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

Reason 3: Differences in work philosophy

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

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

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

Reason 4: Your attorney acts in an unprofessional manner

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

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

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

Reason 5: There is a conflict of interest

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

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

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

How can I start changing my attorney?

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

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

 

 

 

 

What is considered a severe personal injury?

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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.

 

 

 

CAN I FILE A CAR ACCIDENT CLAIM IF I’M UNDOCUMENTED?

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Car accidents are the most common type of personal injury cases, but they can prove to be complicated because every case comes with different circumstances. On top of that, you or your family might be taking time to recover from injuries sustained in the accident–which could leave you out of work. To make matters more challenging, your stress could be compounded by your undocumented immigration status.

Of course, your first priority should be you and your family’s well being–and you should be able to leave the work to legal professionals. Due to the complex nature of car accidents, it’s crucial to have an experienced, knowledgeable and trustworthy team on your side.

At Castan & Lecca, we have the decades of experience needed–coupled with the dedication to our clients and the relevant legal knowledge–to guide you through this trying time. Furthermore, we understand that being an undocumented immigrant can prove to make an already stressful situation even more difficult. But when you choose us, you’re getting a caring partner to reassure you–and secure your rights.

If you are in a car accident, you should know that you have rights, but you should proceed through the process of compiling evidence and ensuring everyone’s safety.

This process could include the following:

 

Keep Track of Evidence of the Accident

In the immediate aftermath of a car accident, there could be a lot of confusion, and it’s hard to maintain awareness of your surroundings. However, keeping track of evidence is crucial to your case, so you should be careful to write down or take pictures of everything you can.

 

Get Immediate Medical Care

Many of us have a tendency to brush off pain or cope with an injury following an accident. If there isn’t a visible problem, you could feel like there are more urgent matters to address. But insurance companies argue that if you didn’t go to the doctor, then you weren’t injured.

We highly recommend seeing a doctor within a day of your accident. Make sure you tell them every ache, pain, and sensitivity you experience. Most importantly, be sure to keep track of the paperwork—it’s evidence.

 

Get Guidance From Legal Counsel

Always have a lawyer present when you sign documents. Believe us when we say that you should not trust the insurance company. They are not working for you. When it comes to dealing with the insurance companies, it’s important for you to have a legal advocate on your side so that they can fight for your rights.

Insurance companies work very slowly because stalling tactics are designed to delay the process, so that you might not be compensated. If the insurance companies have been trying to delay your claims process, don’t wait. Get in touch with us so we can advocate for you.

Here is what you can receive if you file a car accident claim with the help of Castan & Lecca:

 

Types of Damages

When you’re injured in a car accident, you are entitled to compensation from the at-fault party. This compensation is known as “damages.”

 

Special Compensatory Damages

According to AllLaw.com, “Special damages cover any expense or loss related to an injury, and there is no limit to the types of special damage claims that can be made, or to the amount an injured party can claim.” Special damages are also sometimes known as “economic” damages. 

There are several different types of special (monetary) damages you might be entitled to, so let’s take a look at some:

  • Medical bills, including cost of future medical care
  • Loss of earnings, including loss of future earnings
  • Cost of household expenses
  • Costs associated with altered plans (canceled trips, etc.) 

 

Lost Wages 

Lost wages are a specific type of special or economic damages. If you sustain a serious injury in a car accident, you may be unable to work as you spend time in the hospital, attend doctor’s appointments, rest at home or even have to undergo surgery or physical therapy. As a result, you may experience a substantial loss of income. This puts your family’s wellbeing at risk.

But when you turn to Castan & Lecca, you can trust that we will fight for your right to compensation that will make up for your lost wages.

 

General Compensatory Damages

But many times, the impact of a car accident extends beyond the various bills that come with it. Sometimes, there are damages that cannot always be measured so concretely. These damages are known as “general” compensatory damages. According to Investopedia, “general compensatory damages […] include estimates of loss not involving actual monetary expenditure.” General damages are also sometimes known as “non-economic” damages.

Some general compensatory damages could include:

  • Mental anguish
  • Disfigurement
  • Long-term physical pain and suffering
  • Loss of consortium
  • Inconvenience
  • Loss of enjoyment of life
  • Loss of opportunity

 

Pain and Suffering

According to Merriam-Webster, the legal definition of pain and suffering is “mental or especially physical distress for which one may seek damages in a tort action.” Pain and suffering is considered non-economic or general compensatory damages. This particular type of damage can be difficult to measure.

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

Many times, certain car accidents warrant certain specific types of pain and suffering like disfigurement, loss of enjoyment of life, and mental anguish. 

 

The Takeaway

When you experience a car accident, you should know that you may have rights to compensation, even if you have an undocumented status. Navigating the process alone can be overwhelming and challenging–that’s why you need a team of experienced legal professionals by your side to help you. We will ensure that your rights are protected. If you’ve been in a car accident, contact us at Castan & Lecca for a free consultation of your case.

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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
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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
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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.