Kenney & Medina, P.C. Kenney & Medina, P.C. 2026-10-16T18:27:11Z https://www.ksmatlantalawyer.com/feed/atom/ WordPress /wp-content/uploads/sites/1404914/2020/01/cropped-Fav-icon-min-32x32.jpg On Behalf of Kenney & Medina, P.C. <![CDATA[What to do after a hit-and-run accident in Gwinnett County?]]> https://www.ksmatlantalawyer.com/?p=50038 2026-10-16T18:27:11Z 2026-10-13T13:59:20Z Staying safe and reporting the crash Taking quick action at the scene protects your health and creates a strong foundation for your insurance claim:
  • Move to a safe spot: Staying away from moving traffic prevents further injuries.
  • Call 911 immediately: Reporting the crash brings Gwinnett County Police or local officers to the scene. An official record proves to insurance companies that the accident actually happened.
  • Write down vehicle details: Noting the car’s make, color or partial plate numbers gives law enforcement vital leads to track down the driver.
  • Get medical attention: Seeing a doctor right away protects your physical health and links your injuries directly to the accident.
Completing these initial steps keeps you safe and creates the official records you need to prove your claim later.

Understanding how Georgia insurance laws protect you

Georgia requires all drivers to carry auto liability insurance. However, when a driver flees the scene, your own Uninsured Motorist (UM) coverage steps in to pay for your damages. Under Georgia law, an unknown hit-and-run driver is treated as an uninsured motorist. To use your UM coverage without pushback from your insurer, you must meet a few specific rules:
  • The physical contact rule: You must show that the hit-and-run vehicle actually made contact with your car.
  • Eyewitness statements: If a driver forced you off the road without touching your car, an independent witness must confirm what happened.
  • Prompt reporting: You must report the crash to law enforcement right away to satisfy your policy requirements.
Understanding these basic rules allows you to satisfy critical policy requirements before an insurer tries to deny your claim on a technicality.

Seeking compensation when the driver is missing

When an at-fault driver remains unidentified, claims proceed against an unknown defendant. Your UM policy steps in to cover essential losses, including emergency medical bills, ongoing care, lost income, vehicle repairs and emotional stress. Gathering clear receipts, medical bills and records of these losses ensures your insurance company pays out the full amount you are owed.

Protecting your full recovery after a hit-and-run

You do not have to navigate the hit-and-run recovery process on your own. "John Doe" insurance claims face intense scrutiny, and missing a technical deadline or statement can put your entire payout at risk. Working with an experienced local legal team shields you from unfair denials and ensures you fight for every dollar you deserve.]]> On Behalf of Kenney & Medina, P.C. <![CDATA[Apartment and mall injury claims in Georgia: How it works]]> https://www.ksmatlantalawyer.com/?p=50030 2026-09-25T14:22:06Z 2026-09-25T00:01:13Z What does negligent security mean in Georgia? In Georgia, a negligent security claim occurs when a property owner neglects to offer adequate safety measures, leading to someone being injured by criminal behavior. These cases often involve:
  • Shopping malls
  • Parking lots
  • Apartment complexes
  • Hotels
  • Convenience stores
The main issue is whether the owner knew or should have known that crime was a “foreseeable risk” and failed to act appropriately. For example, if a complex has prior records of break-ins or assaults, the owner should install cameras, hire security or take other precautions. If they ignore the warning signs and someone gets hurt, that can help support a claim.

What are common warning signs of negligent security?

A property owner may fall short in maintaining proper security in several ways. These may include:
  • Poor lighting
  • Broken locks
  • Malfunctioning gates
  • Inoperative cameras
In apartment complexes, landlords may also fail to address reports of suspicious activity or prior violent incidents. Security lapses at malls and other retail locations can involve insufficient patrols or neglecting hazardous conditions in parking garages and walkways. These failures can matter a great deal if a criminal act occurs. Georgia courts examine whether the harm was predictable based on prior incidents or known hazards on the property. If a business or landlord had noticed that crime was a problem and did little or nothing to respond, that can help strengthen the plaintiff’s case.

Why does seeking legal guidance matter?

These cases are complex as they often demand evidence that the property owner neglected to act and that this neglect caused the injury. A trusted lawyer can investigate prior crimes on the property, review security records and determine whether the owner broke a legal duty. If a property owner failed to provide reasonable security and caused your injury, your lawyer can assist you in filing a claim to protect your rights and pursue compensation for your medical bills and other losses.]]> On Behalf of Kenney & Medina, P.C. <![CDATA[What does “full value of life” mean under Georgia law?]]> https://www.ksmatlantalawyer.com/?p=50026 2026-09-18T11:58:35Z 2026-09-18T11:52:20Z If you lose a loved one because of negligence, you may hear a phrase in connection with wrongful death claims. “Full value of life” is a unique legal concept that differs significantly from wrongful death damages in other states. Georgia law allows certain family members to seek damages meant to reflect the value of the deceased person’s life. The state does not just consider the bills and expenses the death causes.

Defining full value

Many states calculate wrongful death compensation based on the financial loss the surviving family suffers. This is usually the monetary value based on economic losses such as funeral expenses and medical bills paid. However, Georgia law takes a different approach.  Under Georgia Code Section 51-4-2, the wrongful death claim belongs to surviving family members. When someone dies due to another party's negligence, their family can recover the “full value of the life of the deceased.” 

Components of value

Two components determine the full value of the life of the deceased:
  • The Economic Value: This component represents the tangible financial contributions your loved one would have made had they lived a full life expectancy. It includes projected lifetime earnings, employee benefits and pensions. It also accounts for the value of “services” they provided to the household. For example, childcare, home maintenance and other daily tasks that now require external help or place a burden on survivors. 
  • The Intangible Value: This is the “human” side of the claim, and it is often the most significant portion of a Georgia wrongful death case. It encompasses the deceased’s relationships with family, their community participation and the simple pleasures of daily life. 
It's important to understand that "full value of the life" does not include pain and suffering damages. Those are considered separate damages that may be available in other types of claims. The wrongful death claim focuses specifically on compensating surviving family members for the full value of your loved one’s life.

How it helps your family

Understanding “full value of life” helps you see why damages may include more than immediate expenses. It also explains why these cases often require careful documentation and, sometimes, professional analysis. There is also a specific hierarchy for who can file a wrongful death claim. Converse with your family and consult a legal professional to assess the best strategies for you.]]> On Behalf of Kenney & Medina, P.C. <![CDATA[Understanding Dram Shop Liability in Drunk Driving Accidents in Georgia]]> https://www.ksmatlantalawyer.com/?p=49996 2026-07-17T20:24:03Z 2026-07-13T12:48:41Z A drunk driving crash can change your health, your finances and your future in seconds. You may assume the driver alone must answer for that harm. Georgia law sometimes lets you hold the business or host who served the alcohol accountable as well.

What Georgia's dram shop law says

Georgia's Dram Shop Act, O.C.G.A. § 51-1-40, creates this type of claim. The state codified the rule in a statute passed in 1988. It applies when a provider willfully and unlawfully furnishes alcohol to someone under 21. It also applies when a provider knowingly serves a noticeably intoxicated adult. In both situations, you must show the provider knew the person would soon drive. Service to a sober adult does not create liability on its own.

Who could face a claim

Depending on the facts, claims may reach several kinds of alcohol providers. Some of them include:
  • Bars and restaurants: Staff who keep serving a visibly drunk patron.
  • Retail stores: Liquor or convenience stores that sell to underage buyers.
  • Social hosts: Private individuals who furnish alcohol at parties or gatherings.
Georgia applies the same rules to commercial vendors and social hosts. This matters because drunk driving crashes often cause severe injuries. A second liable party can mean another source of compensation when the driver's insurance falls short.

What you would need to prove

Compelling evidence determines the outcome. You would need to demonstrate that the provider unlawfully or negligently furnished alcohol to the driver. You would also need to establish a connection between that service and the resulting collision and injuries. Documentation such as receipts, surveillance footage and blood alcohol test results can strengthen your position. Timing matters too. Georgia generally gives you two years from the crash date to file a personal injury lawsuit. A court could dismiss a lawsuit that misses that deadline.

Where a dram shop claim fits in your recovery

Georgia's dram shop law extends responsibility beyond the drunk driver. It reaches providers who serve minors or noticeably intoxicated adults who then drive. Proof of knowledge and a two-year filing window shape these claims. Knowing this could help you pursue every available source of compensation after a crash. These cases can turn on disputed facts about what a server saw or knew. If your situation becomes contested, an attorney can help you weigh your options.]]> On Behalf of Kenney & Medina, P.C. <![CDATA[Is lane splitting legal in Georgia?]]> https://www.ksmatlantalawyer.com/?p=49994 2026-07-09T15:36:08Z 2026-07-09T15:36:08Z Georgia law bans riding between lanes State policy treats lane splitting and lane filtering as the exact same illegal action. Under Official Code of Georgia Annotated (O.C.G.A.) § 40-6-312, you cannot travel between lanes of traffic or adjacent rows of vehicles. The Georgia Department of Driver Services (DDS) reiterates this specific rule regularly. You have the right to use a full traffic lane, and you and another rider can travel side by side in a single lane. However, you cannot pass a car within that same lane because the law requires you to stay behind or in front of other vehicles.

Traveling between cars is a safety and insurance risk

Splitting or filtering through traffic places you at serious safety risks. A driver unaware of your presence may suddenly veer towards your direction or open a door, pinning you between vehicles. Furthermore, traveling between rows of cars can complicate your case if a crash occurs. An insurance provider or another driver may argue that your lane position caused the crash, which might lower your chances of recovering damages.

Georgia riders must follow standard lane rules

Treat lane splitting and filtering as off-limits. As much as possible, stay within your full lane and use standard lane changing to pass other cars. Knowing these rules may become vital if you get a ticket or experience a collision. The traffic patterns, your lane position and the official police report often influence your available legal options.]]> On Behalf of Kenney & Medina, P.C. <![CDATA[Who might share fault in a truck accident?]]> https://www.ksmatlantalawyer.com/?p=49977 2026-05-28T15:53:33Z 2026-05-28T15:53:33Z Why might trucking companies share responsibility? Truck accidents may involve more people and business operations than a regular car crash. Several companies and workers may influence how a truck operates before it even reaches the highway. Some trucking companies may pressure their drivers to meet unrealistic deadlines. That pressure could lead the drivers to skip breaks or spend too many hours on the road. Other companies may also fail to train drivers properly or review their driving history carefully. Weak supervision or poor safety practices could raise the risk of serious crashes. Cargo loading issues might also contribute to crashes. These could include:
  • Poor cargo securement
  • Uneven weight distribution
  • Overloaded trailers
  • Ignored loading safety checks
These issues could make the truck harder to control or place extra stress on tires and braking systems.

How could maintenance problems or defective parts affect crashes?

Large trucks usually depend on regular inspections and repairs. Maintenance teams may overlook worn brakes, damaged tires or steering problems. Small mechanical issues could grow into major failures at highway speeds. Manufacturers may also share responsibility when defective parts fail unexpectedly. Tire defects or faulty brake components may sometimes contribute to serious accidents.

A thorough investigation is essential

Truck accident investigations typically involve several companies, records and insurance carriers. Investigators may review driver logs, maintenance records, inspection reports and electronic data from the truck. If you become involved in a truck accident, understanding your legal options may help you make informed decisions as the case develops. Looking at the full chain of events may provide a clearer understanding of how the accident happened and which parties might share legal responsibility.]]> On Behalf of Kenney & Medina, P.C. <![CDATA[Georgia TOD deed: What recipients should know]]> https://www.ksmatlantalawyer.com/?p=49968 2026-05-27T13:46:27Z 2026-05-21T16:36:30Z A person who’s creating their estate plan has to determine the best ways they can pass their property down to their beneficiaries. If one of those assets is real property, they may opt to use a transfer on death (TOD) deed.  A TOD deed allows the property owner to name the beneficiary who will receive the real property after the owner passes away. This is a way that the ordinary probate process can be avoided, but it’s one that only applies to deaths that occurred on or after July 1, 2024. Any TOD deeds must meet specific legal requirements, so the beneficiaries should understand those. 

What is Georgia’s 9-month rule?

One of the most important things for beneficiaries to remember is that TOD deeds are subject to the 9-month rule. This means that you must file an affidavit with the Superior Court in the country of record within 9 months after the decedent’s death so you can transfer the property into your name. Failing to do this means that the property would become part of the decedent’s estate and trigger the probate process, which would delay you being able to receive the property the decedent intended you to have. 

Do TOD deeds erase obligations?

TOD deeds don’t automatically erase obligations that are attached to the property. Creditor claims, tax liens, mortgages, title defects and unpaid assessments are all still valid. Those would still need to be taken care of, even though you receive the property via the TOD deed.  Anyone who inherits a property via a TOD deed should review the documents associated with the property. If more than one person is named on the TOD deed, determining how expenses related to the property will be handled is critical.  A TOD deed is a valuable addition to a comprehensive estate plan, but it’s not the only consideration that you have to handle when you’re handling a loved one’s estate. Working with someone familiar with these matters may be beneficial because some estate plans can be complex to work through during the probate process. ]]> On Behalf of Kenney & Medina, P.C. <![CDATA[Partial fault may affect Georgia car crash claims]]> https://www.ksmatlantalawyer.com/?p=49962 2026-05-08T14:56:53Z 2026-04-30T01:05:24Z modified comparative negligence rule applies. Cases involving comparative negligence claims are often especially complex and typically require the assistance of a lawyer who has experience handling personal injury litigation.

What is modified comparative negligence?

Comparative negligence claims are requests that the courts determine how much fault each party involved in a crash had for the incident. If a driver injured in a rear-end crash had burned-out brake lights, the courts may agree that the distracted driver who hit them was only partially at fault because they could not see any brake lights as they approached the vehicle. They may then determine that the driver in the front vehicle carried a certain percentage of fault. If the courts determined that the front driver was 15% at fault for the crash, they still have the right to take legal action. A 50% allocation of fault is the statutory limit for a lawsuit. Anyone who is 50% or more at fault for a car crash in Georgia cannot seek compensation from the other party involved in the incident. If the portion of fault allocated to the plaintiff is less than 50%, they can proceed with their compensation claim. However, the courts adjust any damages awarded to them based on their percentage of fault for the incident. In the above-mentioned scenario where the plaintiff carries 15% of fault for the crash, they would receive 85% of the damages awarded by the courts instead of the full amount. Those facing claims of partial responsibility may need help assessing collision circumstances and validating that they were not to blame for the crash that occurred. They may need help countering allegations of comparative negligence to ensure they receive appropriate compensation. Working with a personal injury attorney can help those facing claims of comparative negligence after a car crash prove that another party was at fault and optimize the compensation they receive at the end of the lawsuit.]]> On Behalf of Kenney & Medina, P.C. <![CDATA[Could you be held responsible if someone falls on your sidewalk?]]> https://www.ksmatlantalawyer.com/?p=49943 2026-03-19T08:38:50Z 2026-03-19T08:38:50Z Slips and falls on sidewalks happen more often than you might think. When someone trips outside your home or business, questions about responsibility quickly arise.  In Georgia, liability depends on who owns the sidewalk, what caused the fall and whether the hazard could have been noticed and addressed. Seeing how these factors interact can help you understand where risk may lie and how legal guidance may support you.

Who is in charge

Sidewalks can be public or private, and responsibility changes depending on ownership. Cities or counties may handle repairs for public sidewalks. However, both generally face liability only if they had notice of a dangerous condition and failed to fix it in time.  On private property, homeowners and businesses may need to maintain walkways leading to entrances. In some areas, local rules can assign maintenance duties to property owners even when the sidewalk borders a public street. Knowing who is responsible helps identify potential hazards and legal exposure.

Spotting the risks

Falls often come from hazards that could have been noticed or prevented. Common dangers include:
  • Cracks or uneven surfaces creating tripping points
  • Ice or snow left untreated for hours or days
  • Debris like tree branches or loose gravel
  • Poor lighting that makes obstacles harder to see
  • Water pooling from blocked drains or gutters
Failing to fix a known hazard may make you responsible for injuries. However, documenting and addressing them can show that you acted reasonably. Consulting an attorney may also help clarify liability and protect your rights. Awareness and action together reduce the chance of injury and disputes.

Reducing your exposure

Liability depends on negligence. Georgia law also considers whether the injured person shares some blame for the fall. If their fault exceeds 50%, they cannot recover any compensation. If it is less than 50%, the court may reduce their recovery by their share of the fault. Insurance may cover certain incidents, but regular maintenance and careful records make claims clearer and protect against financial exposure. Paying attention to risks connects ownership, hazards and legal responsibility into one clear picture.

Preventing surprises

Slip-and-fall accidents can happen even in familiar places. Sidewalks change with weather, wear and daily use, creating hazards that may not be obvious at first glance. Observing how these conditions shift over time can show where risks may appear and how court may assign responsibility in different situations.]]> On Behalf of Kenney & Medina, P.C. <![CDATA[Why do people seldom help when someone falls in a public space?]]> https://www.ksmatlantalawyer.com/?p=49906 2026-01-26T07:14:13Z 2026-01-26T07:13:31Z What is the bystander effect? The bystander effect describes a situation where someone becomes less likely to help as the number of witnesses increases. The presence of a crowd dilutes responsibility and generates confusion. This often occurs because people look to one another for social cues. Upon seeing that the consensus is to remain still and silent, bystanders will be more likely to follow the social pattern and opt not to intervene.

Why does the bystander effect stop people from offering their help?

Typically, the more there are in the scene of an accident, the less likely each person is to take action. There are other explanations for their inaction, however. Bystanders may choose not to intervene because:
  • They worry they might be overreacting and will embarrass themselves if they help
  • They misread the situation and assume the person is safe
  • They believe that others will step in and take action
Some might also refuse to step in because they fear they might make the problem worse. However, this is not true. Georgia has a Good Samaritan law that protects people from being sued if they try to help someone in an emergency, but make things worse, so long as they are not deliberately attempting to harm someone. While this encourages some to lend aid to those who fall, it does not change the fact that many may be subject to the bystander effect.

What should you do if someone falls?

Simply knowing about the bystander effect is one of the first steps towards breaking it. If you recognize that nobody lends a helping hand to people who lose their balance and fall, you can step forward and take action. You can accomplish this by picking individuals out from the crowd to perform direct tasks, asking questions to the person who fell directly and ushering the crowd to create some space. If the fall looks severe, you can ask if they are okay and determine if you need to call 911. Typically, signs of an emergency include head impact, confusion, bleeding, broken bones or being unable to stand up. If you have to call 911, you can stay nearby and provide information to first responders. By being aware of some of the potential factors behind the bystander effect, you can take matters into your own hands and offer your help, potentially saving someone’s life.]]>