When you walk into our office after a traumatic event, we understand that you are likely overwhelmed. Whether it was a catastrophic car wreck on I-85 or a debilitating fall at a construction site, the instinct to protect yourself is natural. Many clients believe that by keeping “unfavorable” details to themselves, they are helping their case. However, as we navigate the legal landscape of 2026, the exact opposite is true. At Castan, Lecca & Boeschen, our 30 years of experience have taught us that a lawyer can handle a “bad” fact, but no lawyer can handle a surprise. In today’s world of digital footprints and AI-driven insurance investigations, hiding information from your accident lawyer is the fastest way to turn a winning case into a total loss.
The year 2026 has introduced a new level of scrutiny in personal injury litigation. Insurance companies are now utilizing advanced automated decision-making technologies (ADMT) and AI surveillance to comb through every aspect of a claimant’s life. They are looking for inconsistencies between what you told your doctor and what your social media or vehicle data reveals. To secure the superior results we are known for, we must be armed with the absolute truth. This article explains why total transparency with your legal team is not just a suggestion, but a necessity for your success.
The most important thing to understand is that your conversations with us are protected by attorney-client privilege. Under Georgia law (O.C.G.A. § 24-9-24), what you tell your attorney or their staff is strictly confidential. This privilege exists specifically so that you can be completely honest without fear that your words will be used against you in court.
We are on your side. When you share a difficult detail with us—perhaps you were distracted for a second before the crash, or you have a criminal record from ten years ago—we can build a strategy to address it. We can find ways to mitigate the impact of that information. But if we find out about it for the first time during a deposition when the insurance company’s lawyer brings it up, our ability to protect you is severely limited. In 2026, the “surprise factor” is the insurance company’s favorite weapon. Don’t hand it to them by keeping us in the dark.
The single most common piece of information clients try to hide is a history of prior injuries. You might think, “If I tell them about my back pain from five years ago, they’ll say this accident didn’t cause my current injury.” In reality, insurance companies in 2026 have nearly instant access to your medical history through centralized databases. They will find out about your prior treatment.
If you are honest with us, we can use the “Eggshell Plaintiff” doctrine or argue that the new accident aggravated a pre-existing condition. Georgia law allows you to recover for the worsening of a previous injury. However, if the insurance company catches you in a lie, they will use it to destroy your credibility on every other part of your claim. They will argue that if you lied about your back history, you are also lying about the pain you feel today.
In 2026, your “private” life is rarely private. Insurance adjusters routinely use AI tools to monitor social media platforms. They aren’t just looking at your posts; they are looking at photos you are tagged in, your comments on other pages, and even your location check-ins. If you tell us you are bedridden but post a photo of yourself smiling at a family birthday party, the insurance company will use that as “proof” that you are faking your injuries.
You must tell us about your social media presence. We often advise our clients to go into “digital hibernation” during their case. This doesn’t mean deleting evidence—which can be considered “spoliation” and lead to court sanctions—but rather being extremely careful. If we know what is out there, we can explain the context. A photo of you smiling doesn’t mean you aren’t in pain; it just means you were trying to have a moment of normalcy. We can defend that, but only if we know it exists.
When we claim “lost wages” or “loss of future earning capacity,” the documentation must be perfect. If you have been working “under the table” or have gaps in your employment that you haven’t disclosed, it can derail your financial recovery. In 2026, the IRS and state tax authorities have increased their data-sharing with civil courts.
Be honest about your income. If your tax returns don’t match your claimed income, we need to know so we can determine the best way to prove your losses through secondary evidence like bank statements or witness testimony. If the defense discovers an undisclosed secondary job, they will argue you aren’t as disabled as you claim. Transparency allows us to calculate a realistic and defensible demand for your lost earnings.
Many clients fear that a past mistake will ruin their chance at justice. Whether it is a misdemeanor from your youth or a more recent legal issue, you must disclose it to your accident lawyer. While most criminal history is not admissible in a civil trial, it can become relevant if it relates to your “character for truthfulness” or if it involves a crime of moral turpitude.
Furthermore, for our immigrant clients, a criminal record has profound implications. At Castan, Lecca & Boeschen, we have the unique advantage of having in-house immigration expertise. We can analyze how a personal injury settlement or a past charge might affect your residency status. Hiding a criminal record from us prevents us from protecting both your injury claim and your right to stay in this country.
It is rare for an accident to be 100 percent one person’s fault. Perhaps you were going five miles over the speed limit, or you didn’t have your blinker on. In Georgia’s modified comparative negligence system, you can still recover as long as you are less than 50 percent at fault.
If you tell us you did nothing wrong, but the vehicle’s “black box” (EDR) data shows you were speeding, our credibility with the judge is gone. If you are honest, we can factor that 10 or 20 percent of fault into our negotiations and still secure a substantial settlement. We are experts at minimizing your liability, but we need the facts to do it.
Our firm was built on the values of accessibility and trust. When we take your case, we treat you as part of our family. This means we provide a safe, judgmental-free space for you to share the full story of your accident and your life. With nearly thirty years of service to the Atlanta and Norcross communities, we have seen it all. There is no detail too small or too embarrassing for us to handle.
In 2026, the legal system is a chess match. You wouldn’t play a game of chess while hiding your own pieces from your coach. Let us be your coaches and your champions. By being 100 percent transparent with us, you empower us to fight for the justice you deserve and the superior results you need. Call us today for a free, confidential consultation in English or Spanish.
Part A (Internal Sources):
Part B (Recent External Research):
USCIS Policy on Fraud and Misrepresentation (2026 Update): https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3
Preston Moore
Attorney
Preston Moore is a trial attorney whose injured clients have seen more than $30 million in settlements and jury verdicts. An alumni of Georgetown University (B.A.) and Harvard Law School (J.D.), Preston started practicing law at a multinational firm in Atlanta where he represented large corporations in high-value lawsuits. From there, Preston joined a well-respected product liability practice in Atlanta where he focused on representing two key sorts of cases: workplace product injury matters and high-limit insurance litigation. Now, Preston serves his clients by providing high-quality, no-nonsense representation for those catastrophically injured by the negligence of others, whether by settlement (where his clients have obtained over $10 million in recoveries since January 2024) or trial (where his clients have earned over $10 million in jury verdicts since 2022). Preston is loved by Jesus and attends Calvary Baptist Church in Smyrna. He lives in Kennesaw, GA with his wife, Brooks (9), Tripp (3), Emma Kate (newborn), and his Pomeranian, Birdie.
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
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
ALEXANDER LECCA
Attorney
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.
