South Fulton Nursing Home Abuse and Neglect Lawyer

Get the Representation You Deserve: The Top 10 Car Crash Claim Mistakes to Avoid in Georgia

June 6, 2025

The familiar rhythm of a drive through Atlanta can be shattered in an instant. Whether you’re navigating the constant flow of traffic on the I-285 perimeter, commuting on the Downtown Connector, or simply driving down Peachtree Street, a sudden car crash can leave you feeling overwhelmed, disoriented, and in pain. In the aftermath of a collision, while you're trying to process what happened, you can unknowingly make critical mistakes that insurance companies will exploit to devalue or deny your rightful claim. These insurance corporations have vast resources and teams of legal professionals dedicated to protecting their bottom line, not your well-being. To them, your injury is a liability to be minimized. To secure your future and your recovery, you need an advocate with the experience and integrity to guide you through Georgia’s complex legal system. Daniel R. Crumby stands as one of Atlanta, Georgia's most experienced and trusted personal injury lawyers. He has built a reputation on providing quality representation and ensuring his clients get the full and fair compensation they deserve. To help you protect your rights from the very beginning, here are the top 10 car crash claim mistakes to avoid in Georgia. 1. Delaying or Forgoing Medical Treatment The Mistake: You walk away from the crash feeling shaken but not seriously injured. The adrenaline is pumping, masking any immediate pain. You decide to go home and rest, figuring you’ll see a doctor only if the pain gets worse in a few days. Why It's a Mistake: This is one of the most detrimental mistakes you can make. Insurance adjusters look for any reason to dispute a claim. A delay in seeking medical care creates a "gap in treatment," which they will use to argue that your injuries are not severe or were not caused by the crash at all. They might contend that something else must have happened during that "gap" to cause your injuries. What to Do Instead: Seek a comprehensive medical evaluation immediately after any car crash, no matter how minor it seems. Go to an emergency room, an urgent care clinic, or your family doctor. This creates an official medical record that establishes a clear timeline, directly linking your injuries to the collision and creating a vital piece of evidence for your claim. 2. Failing to Report the Accident to the Police The Mistake: The other driver is apologetic and asks to handle the situation privately to avoid involving insurance or law enforcement. The damage looks minimal, so you agree to just exchange phone numbers. Why It's a Mistake: Under Georgia law (O.C.G.A. § 40-6-273), you are required to report an accident if it results in injury, death, or apparent property damage of $500 or more. A police report is an essential, objective document. It contains the identities of the drivers and witnesses, insurance information, a diagram of the scene, road conditions, and the officer’s initial observations about how the crash occurred. Without it, the other driver could later deny the accident happened or completely change their story, leaving you in a difficult "he said, she said" situation. What to Do Instead: Always call 911 from the scene of the crash. A police report provides a foundational piece of evidence for your claim and is invaluable in establishing the facts of the case. 3. Admitting Fault or Apologizing at the Scene The Mistake: In the disorienting moments after a crash, it's a natural human reaction to say, "I'm so sorry," even if the accident wasn't your fault. You might be trying to be courteous or de-escalate the situation. Why It's a Mistake: In the context of a personal injury claim, an apology can be legally interpreted as an admission of guilt. The other driver, their insurer, and their lawyer will use your words against you to shift blame and reduce their liability. You may not be aware of all the factors that contributed to the crash—perhaps the other driver was texting, speeding, or ran a red light. What to Do Instead: Remain calm and stick to the facts. Exchange driver, vehicle, and insurance information as required by law. Do not discuss how the accident happened or who is at fault with the other driver. Limit your discussion with the police to factual statements. 4. Giving a Recorded Statement to the Other Driver's Insurer The Mistake: You get a call from a friendly insurance adjuster representing the at-fault driver. They express concern for your well-being and ask for a quick recorded statement to "process your claim faster." Believing it will help, you agree. Why It's a Mistake: The adjuster’s job is to save their company money. They are professionally trained to ask cleverly worded, leading questions designed to get you to say something that undermines your own claim. They might get you to downplay your injuries or inadvertently accept partial blame. This recorded statement can then be used as evidence against you throughout the claims process. What to Do Instead: You are not legally required to provide a statement to the other party's insurance company. Politely decline the request. The most effective response is to state, “I will not be providing a statement at this time. Please direct all future communication to my attorney.” This immediately protects you from their tactics. 5. Posting About Your Case on Social Media The Mistake: You post photos of your damaged car on Facebook or update your friends about your recovery on Instagram. Later, a friend posts a picture of you smiling at a social gathering. Why It's a Mistake: Assume everything you post online will be seen by the insurance company. Investigators will meticulously search your social media profiles for anything they can twist to their advantage. A comment about the accident could contradict your official report. A single photo of you trying to live your life can be presented out of context as "proof" that your injuries are not as debilitating as you claim them to be. What to Do Instead: The safest policy is a complete social media blackout regarding your accident, injuries, and daily activities until your case is fully resolved. Set all your profiles to the highest privacy settings and ask friends and family not to post pictures of you or tag you in posts. 6. Misunderstanding Georgia’s Comparative Negligence Rule The Mistake: You believe that if you were even slightly at fault for the accident, you cannot recover any compensation for your injuries. Why It's a Mistake: Georgia follows a "modified comparative negligence" rule (O.C.G.A. § 51-12-33). This law states that you can recover damages as long as you are found to be less than 50% at fault for the accident. If you are found 49% or less at fault, you can still recover, but your award will be reduced by your percentage of fault. For example, if you have $100,000 in damages but are found 20% at fault, you can recover $80,000. However, if you are found 50% or more at fault, you are barred from recovering anything. What to Do Instead: Do not assume you cannot recover if you think you might share some blame. The allocation of fault is a complex legal determination. An experienced attorney like Daniel R. Crumby can build a strong case to minimize your assigned percentage of fault and maximize your rightful compensation. 7. Waiting Too Long to Take Legal Action The Mistake: You decide to wait and see how your recovery progresses or attempt to handle negotiations yourself before contacting a lawyer. Months, or even a year, pass by. Why It's a Mistake: In Georgia, the statute of limitations generally gives you only two years from the date of the accident to file a personal injury lawsuit and four years for property damage claims (O.C.G.A. § 9-3-33). If you miss this deadline, you lose your right to sue forever. Furthermore, with each passing day, crucial evidence like surveillance footage can be lost, witness memories fade, and the insurance company gets more time to build its defense. What to Do Instead: Consult with a trusted personal injury lawyer as soon as possible. Early intervention allows your attorney to preserve evidence, interview witnesses, and begin building a robust case from a position of strength. 8. Failing to Send an "Ante Litem" Notice for Claims Against the Government The Mistake: You are injured when a MARTA bus, a City of Atlanta vehicle, or a State of Georgia patrol car causes your crash. You assume the claims process is the same as it would be with a private citizen. Why It's a Mistake: This is a highly technical and often missed step that can completely bar your claim. When suing a government entity in Georgia, you must first provide a formal notice of your claim, called an "ante litem" notice. The deadlines are extremely strict: you generally have just six months from the date of the injury to file this notice with a municipality (like the City of Atlanta) and twelve months for claims against the state. Failure to comply with these precise requirements will result in the automatic dismissal of your case. What to Do Instead: If your accident involved any government vehicle or employee, it is absolutely critical to contact an attorney immediately. An experienced lawyer will know these specific rules and ensure all required notices are filed correctly and on time. 9. Signing a Release of All Claims Too Quickly The Mistake: The insurance company offers you a check. It seems like a reasonable amount to cover your immediate car repairs and medical bills. Eager to put the ordeal behind you, you sign the settlement paperwork. Why It's a Mistake: That paperwork almost certainly includes a "Release of All Claims." Once you sign this document and accept the check, you permanently forfeit your right to seek any further compensation for this accident. If your injuries worsen or you require future surgery you hadn't anticipated, you cannot go back and ask for more money. The first offer is almost always less than the full value of your claim. What to Do Instead: Never sign any documents or accept any settlement offer without a thorough review by your attorney. A trusted lawyer can assess the true long-term value of your claim, including future medical needs and pain and suffering, to ensure you don’t settle for less than you deserve. 10. Attempting to Navigate the Claim Process Alone The Mistake: You are smart and capable, and you believe you can handle the claim yourself to avoid legal fees. You think your case is simple and that the insurance company will be fair. Why It's a Mistake: This is the ultimate mistake that allows all the others to happen. The legal and procedural landscape of a car crash claim is filled with traps for the unwary. You are facing an industry with immense resources, legal expertise, and a financial incentive to pay you as little as possible. You lack the experience to properly value your claim, counter their legal arguments, and leverage the threat of successful litigation. What to Do Instead: Level the playing field. Secure the quality representation you deserve. Hiring an experienced and trusted Atlanta personal injury lawyer like Daniel R. Crumby signals to the insurance company that you are serious about protecting your rights. Book Your FREE Consultation Today Your future well-being is too important to leave to chance. Don't let a preventable mistake compromise your physical and financial recovery. If you have been injured in a car crash in Atlanta or anywhere in Georgia, contact Daniel R. Crumby today to book your FREE consultation. Get the compensation and quality representation that you deserve.

Hit and Run Accidents in Atlanta: What to Do if the Other Driver Flees the Scene

May 15, 2025

The screech of tires, the jarring impact of a collision – it’s a shocking experience no one wants. But when the other driver speeds away, leaving you to deal with the aftermath alone, it adds a layer of outrage and uncertainty. Hit and run accidents are unfortunately a grim reality on Atlanta's busy streets and highways, from the Downtown Connector to neighborhood roads. This cowardly act leaves victims feeling vulnerable, angry, and often unsure of their next steps or how they will cover their damages and injuries. At the Law Office of Daniel R. Crumby, LLC, we understand the frustration and distress that follow a hit and run incident. Knowing what to do in those critical moments and the days that follow can significantly impact your ability to recover and seek justice. This guide will walk you through the essential steps to take if you've been the victim of a hit and run accident in Atlanta. The Alarming Reality: Why Do Drivers Flee? Understanding why a driver might flee the scene of an accident doesn't excuse their actions, but it can shed light on the situation. Common reasons include: Panic: The shock of the accident causes an irrational flight response. No Insurance or Invalid License: They fear the legal and financial repercussions of driving illegally. Driving Under the Influence (DUI): They want to avoid DUI charges for alcohol or drugs. Outstanding Warrants: They fear arrest for unrelated offenses. Stolen Vehicle: They are already engaged in criminal activity. Fear of Consequences: Regardless of the specifics, they simply don't want to face responsibility for their actions. Whatever the reason, fleeing the scene is a crime in Georgia and can have severe consequences for the perpetrator if caught. Your Immediate Priorities After a Hit and Run: Safety and Information In the chaotic moments after another vehicle strikes yours and disappears, it's crucial to try and remain as calm as possible and prioritize your safety and the gathering of information. Ensure Your Safety: Check for Injuries: Assess yourself and any passengers for injuries. Even if you feel okay, adrenaline can mask pain. Move to a Safe Location: If your vehicle is drivable and in a dangerous spot (like a busy lane on I-75/85), carefully move it to the shoulder or a nearby safe area. If not, turn on your hazard lights. Call 911 Immediately: Report the accident and inform them it was a hit and run. Request police and medical assistance if there are any injuries, no matter how minor they seem. Gather Every Possible Detail (If Safe to Do So): Vehicle Description: Try to recall and jot down everything you can about the fleeing vehicle: Make, model, and color License plate number (even a partial plate is helpful) Any distinguishing features (dents, bumper stickers, roof rack, tinted windows, damage from the collision) Driver Description: If you caught a glimpse of the driver, note their gender, race, approximate age, hair color, or any notable clothing. Direction of Travel: Note the street or highway they were on and the direction they fled. Time and Location: Pinpoint the exact time and location of the accident. Damage to Your Vehicle: Observe and note the damage to your own car. Look for Witnesses: Were there other drivers, pedestrians, or nearby businesses that might have seen what happened? If so, politely ask for their names and contact information. Witnesses can be invaluable in a hit and run investigation. Check if any nearby businesses have security cameras that might have captured the incident. Document the Scene: Use your smartphone to take pictures and videos of the damage to your vehicle, the accident scene (including any debris from the other car), skid marks, road conditions, and any visible injuries. Photographic evidence can be crucial. Reporting the Hit and Run: Official and Essential Steps Once you've addressed immediate safety concerns: File a Police Report: When the Atlanta Police Department or other local law enforcement arrives, provide them with all the information you’ve gathered. Be thorough and accurate. Obtain the police report number and the officer's name and badge number. This official report is critical for insurance claims and any legal action. Notify Your Insurance Company: Contact your auto insurance provider as soon as possible to report the hit and run. Explain the circumstances clearly. Failing to report promptly can sometimes complicate your claim. Understanding Georgia's Hit and Run Laws (O.C.G.A. § 40-6-270) Georgia law (O.C.G.A. § 40-6-270) mandates that any driver involved in an accident resulting in injury, death, or damage to an attended vehicle must: Immediately stop at the scene or as close as possible without obstructing traffic more than necessary. Return to the scene if they initially passed it. Provide their name, address, and vehicle registration number. Upon request, show their driver's license. Render reasonable assistance to any injured person, including arranging for medical transport. Failing to do so constitutes a hit and run. Depending on the severity of injury or damage, it can be charged as a misdemeanor or a felony, carrying penalties that may include hefty fines, license suspension, and even imprisonment. Seeking Compensation After an Atlanta Hit and Run: Your Options One of the biggest worries after a hit and run is how you'll pay for vehicle repairs and medical bills. Fortunately, there are avenues for compensation, even if the fleeing driver is never found: Uninsured Motorist (UM) Coverage: This is the most critical coverage in a hit and run situation. In Georgia, insurers are required to offer UM coverage, and unless you specifically rejected it in writing, you likely have it. UM Bodily Injury (UMBI): Covers your medical expenses, lost wages, and pain and suffering if you or your passengers are injured by an uninsured driver or, in many cases, an unidentified hit-and-run driver. UM Property Damage (UMPD): Can cover repairs to your vehicle if damaged by an uninsured or hit-and-run driver. There might be a deductible. It's essential to understand the specifics of your UM coverage. An experienced attorney can help navigate these claims. Medical Payments Coverage (MedPay): This optional coverage pays for reasonable and necessary medical and funeral expenses for you and your passengers, regardless of who is at fault. It can supplement your health insurance or UMBI. Collision Coverage: If you have collision coverage on your policy, it will pay for repairs to your vehicle after a hit and run, regardless of fault, though you will have to pay your deductible. What if the At-Fault Driver is Identified Later? If law enforcement or your attorney can identify and locate the fleeing driver, you can then file a claim against their auto insurance (if they have it) or pursue a personal injury lawsuit directly against them. Georgia Crime Victims Compensation Program: In some specific instances where the hit and run results in serious injury or death and is deemed a violent crime, victims or their families might be eligible for assistance from this state program, though it has specific criteria and limitations. How an Experienced Atlanta Car Accident Attorney Can Help Navigating the aftermath of a hit and run accident can be complex and overwhelming, especially when dealing with injuries and uncooperative insurance companies. An experienced Atlanta car accident attorney, like Daniel R. Crumby, can be an invaluable asset: Investigating the Accident: Lawyers often have access to investigators who can search for witnesses, review traffic camera footage, or uncover other evidence that might lead to identifying the fleeing driver. Dealing with Your Insurance Company: Even though you are filing a claim with your own insurer for UM benefits, they may still try to minimize the payout. An attorney will advocate for your rights and negotiate for a fair settlement that covers all your damages. Explaining Your Rights and Options: Your attorney will clarify Georgia law, the terms of your insurance policy, and all available avenues for compensation. Accurately Calculating Your Damages: This includes current and future medical expenses, lost income, loss of earning capacity, property damage, and pain and suffering. Handling Legal Procedures: If the driver is found, your attorney will manage all aspects of a personal injury lawsuit. Reducing Your Stress: Knowing a legal professional is handling the complexities allows you to focus on your recovery. Georgia's statute of limitations for personal injury claims is generally two years from the date of the accident. It's crucial to act promptly 1 to protect your rights. Protecting Yourself: A Note on Preparedness While you can't always prevent a hit and run, you can be better prepared: Review Your Insurance: Ensure you have adequate Uninsured Motorist (UM) coverage and consider Medical Payments (MedPay) coverage. Consider a Dashcam: A dashboard camera can record valuable evidence in the event of an accident, potentially capturing the fleeing vehicle's license plate. Drive Defensively: Always be aware of your surroundings. You Are Not Alone – We Can Help Being the victim of a hit and run accident in Atlanta is a deeply unsettling experience. The feeling of injustice is compounded by the practical challenges of dealing with injuries and property damage. But you don't have to navigate this difficult situation by yourself. If you or a loved one has been involved in a hit and run, the Law Office of Daniel R. Crumby, LLC , is here to provide the experienced legal guidance and aggressive representation you need. We are committed to helping victims recover the compensation they deserve and holding responsible parties accountable.

The Devastating Consequences of Nursing Home Abuse and Neglect in Atlanta, Georgia

March 6, 2025

Entrusting a loved one to a nursing home is a difficult decision, but it's often made with the belief that they will receive the care and respect they deserve. Sadly, nursing home abuse and neglect are disturbingly common occurrences in Atlanta and across the nation. These acts of cruelty can have devastating physical, emotional, and financial consequences for vulnerable residents and their families. At The Law Office of Daniel R. Crumby, we are passionate about protecting the rights of nursing home residents. Attorney Daniel R. Crumby is one of Georgia's most experienced and trusted nursing home abuse and elder abuse attorneys. He and his team are dedicated to holding negligent facilities accountable and seeking justice for victims. Types of Nursing Home Abuse and Neglect Abuse and neglect in nursing homes can take many forms, including: Physical Abuse: Striking, hitting, pushing, restraining, or otherwise inflicting physical harm. Emotional Abuse: Verbal abuse, humiliation, intimidation, isolation, and other actions that cause emotional distress. Sexual Abuse: Any non-consensual sexual contact or exploitation. Neglect: Failure to provide basic necessities like food, water, hygiene, medication, and proper medical care. Financial Exploitation: Misusing or stealing a resident's money or property. The Devastating Consequences The consequences of nursing home abuse and neglect can be severe and long-lasting: Physical Injuries: Broken bones, bedsores, infections, malnutrition, dehydration, and even wrongful death. Emotional Trauma: Anxiety, depression, PTSD, fear, withdrawal, and diminished quality of life. Loss of Trust: Victims may develop a deep mistrust of caregivers and institutions, impacting their ability to form healthy relationships. Financial Burden: Families may face significant financial strain due to medical expenses, legal fees, and the need for alternative care arrangements. Wrongful Death: In tragic cases, abuse and neglect can lead to the premature death of a resident. Warning Signs of Abuse and Neglect It's crucial to be vigilant and recognize potential signs of abuse and neglect: Unexplained Injuries: Bruises, cuts, burns, fractures, or other injuries without a clear explanation. Changes in Behavior: Sudden withdrawal, agitation, fear, depression, or unusual aggression. Bedsores: Pressure ulcers that develop from prolonged immobility and inadequate care. Poor Hygiene: Unkempt appearance, dirty clothes, or strong body odor. Weight Loss or Malnutrition: Unexplained weight loss, dehydration, or signs of malnutrition. Unsanitary Living Conditions: Dirty rooms, overflowing trash cans, or signs of insect or rodent infestation. Medication Errors: Missed medications, incorrect dosages, or adverse drug reactions. Financial Irregularities: Unexplained withdrawals from bank accounts, missing belongings, or changes in financial documents. What to Do If You Suspect Abuse or Neglect If you suspect that a loved one is being abused or neglected in a nursing home, take immediate action: Document Your Concerns: Take photos, videos, and detailed notes of any signs of abuse or neglect. Report to the Facility: Inform the nursing home administrator and staff of your concerns. Contact Authorities: Report the abuse or neglect to the Georgia Division of Aging Services and law enforcement. Consult with an Attorney: Seek legal advice from an experienced nursing home abuse attorney to protect your loved one's rights and explore legal options. How The Law Office of Daniel R. Crumby Can Help At The Law Office of Daniel R. Crumby, we understand the complexities of nursing home abuse and neglect cases. We provide compassionate and aggressive representation to help victims and their families seek justice. Thorough Investigation: We conduct a comprehensive investigation to gather evidence and build a strong case. Expert Testimony: We work with medical experts, financial professionals, and other specialists to support your claim. Negotiation and Litigation: We negotiate with nursing homes and insurance companies to seek a fair settlement. If necessary, we are prepared to take your case to court. Seeking Maximum Compensation: We fight to recover compensation for medical expenses, pain and suffering, emotional distress, and other damages. Holding Facilities Accountable: We are committed to holding negligent nursing homes accountable for their actions and preventing future abuse. Nursing home abuse and neglect are serious offenses with devastating consequences. If your loved one has suffered harm in a nursing home, you have the right to seek justice. Contact The Law Office of Daniel R. Crumby today for a free consultation. Daniel R. Crumby is one of Georgia's most experienced and trusted nursing home abuse and elder abuse attorneys. Book your free consultation today to get the compensation and quality representation that you deserve.

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Get the Representation You Deserve: The Top 10 Car Crash Claim Mistakes to Avoid in Georgia

Hit and Run Accidents in Atlanta: What to Do if the Other Driver Flees the Scene

The Devastating Consequences of Nursing Home Abuse and Neglect in Atlanta, Georgia

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