Castan y Lecca Group Personal Injury

PERSONAL INJURY

 

Why You Need an Advocate

Personal injury cases include a wide range of incidents such as car accidents, medical malpractice, slip-and-fall injuries, dog bites, slander and libel, and product liability.

Personal injury lawsuits are notoriously complex, and because every case is truly different, the process includes many unpredictable variables. The average timeline for a personal injury settlement process is 1 to 2 years, but receiving settlements can take much longer.

Before we dive into an explanation of the process, we want to share this basic rule of thumb with you: Do not deposit any checks an insurance company sends to you without consulting a legal professional. Insurance companies often send a check to fool you into settling without your knowledge.

THE PERSONAL INJURY CASE PROCESS:

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Hire a lawyer

Consult an attorney immediately after you are injured. Your attorney will help you decide whether to pursue an insurance settlement or if a lawsuit is necessary. Talking with a lawyer as soon as possible after your injury is one of the best things you can do to ensure maximum protection.

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Start the paperwork

This is the prep stage where you’ll be filling out paperwork and possibly notifying the other party that you’re going to be filing a suit, if applicable. Your personal injury attorney will walk you through each part of this process and will officially file the suit in court. The defendant will then be served.

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Pursue full discovery

The discovery phase can last several months to a year. It may involve continued doctor’s appointments for you and logging expenses, as well as pain and suffering from the injury. For your attorney, this phase involves gathering information, examining witnesses, securing documentation, and consolidating all the evidence that will be used.

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Attempt a settlement

Throughout the process, efforts are made to arrive at an acceptable settlement via mediation or arbitration. If this can be accomplished, that’s usually in the best interest of all parties. If no settlement can be reached outside of court, then the case will go to trial.

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Go to trial

At the trial, both sides will have the opportunity to present their evidence to the judge or jury. The jury will hand down the verdict on the case and decide compensation parameters. If either side is dissatisfied with the result, they can appeal the decision. A successful appeal could result in another trial or an alteration of the settlement terms.

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Collect the settlement

If you win the case, you begin to collect the compensation owed to you once the proceedings are complete. The jury determines the amount, and if there are no appeals then, you will receive your compensation.

PERSONAL INJURY CASES

Personal injury cases are notoriously complex largely due to liability determination. This is because liability is very rarely just one party’s fault. With car accidents, premises liability, or slip and fall injuries, there could be several parties at fault. At Castan, Lecca & Boeschen, we have decades of experience to back us up when we take on these complicated cases so that our clients receive the best compensation for their unique circumstances. As you can imagine, determining appropriate settlements is an intricate process, and we highly recommend you seek legal counsel before filing a claim. It’s important for you to work with an attorney who is well-versed in the specific area of practice that’s relevant to your incident. The team at Castan, Lecca & Boeschen has the knowledge and expertise necessary to assist you through this difficult time.

Once again, this is only a general overview of a process that is nuanced and individually customized, and you should bear in mind that not every case goes to trial. Our personal injury lawyers at Castan, Lecca & Boeschen are specialists in this field and are committed to keeping you informed, being honest with you throughout the entire process, and advocating relentlessly for your best interests. If you have any questions, we welcome you to reach out to us today for a free consultation.
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(864)761-4141

Dustin Thompson

Attorney

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

MICHAEL BOESCHEN

Attorney

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

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

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

ILIANA DOBREV

Attorney

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