Frequently asked questions

Nothing up front. Kyle works on a contingency fee — you pay no attorney fee unless he recovers money for you, and the consultation is free.

Generally two years from the date of injury under O.C.G.A. § 9-3-33. Some situations — government claims, minors, or product liability repose — have different deadlines, so it's best to act early.

It varies. Some cases settle in months; others take longer if they go into litigation. Kyle prepares every case as if it's going to trial, which is often what drives a fair settlement.

Most personal injury cases settle out of court. But Kyle is fully prepared to take a case to trial when the insurance company won't be fair — and that readiness is leverage.

It depends on your medical bills, lost income, future care, and the impact on your life. Kyle evaluates the full picture rather than accepting an insurer's first offer.

Be careful. Early calls from adjusters can be used to reduce your claim. It's best to speak with a lawyer before giving a recorded statement or accepting any offer.

Georgia uses a modified comparative negligence rule with a 50% bar (O.C.G.A. § 51-12-33): you can recover only if you're less than 50% at fault, and your recovery is reduced by your share of fault.

Woodstock, Canton, and all of Cherokee County, plus the greater metro Atlanta area.

The only way to know is a free case review. Kyle will give you a straight answer about your options at no cost.

Get medical attention, call the police so there's an official report, photograph the scene and vehicles, exchange information with the other driver, gather witness contacts, and avoid giving the insurance company a recorded statement before speaking with a lawyer.

Georgia generally gives you two years from the date of the accident to file a personal injury lawsuit, but some situations shorten that window. The sooner you act, the more evidence can be preserved.

It depends on your medical bills, lost income, future care needs, property damage, and the pain and impact on your life. Kyle evaluates the full picture rather than accepting the insurer's first offer.

Be careful — early offers are often far below what a claim is actually worth, and accepting usually means giving up the right to seek more. Let Kyle review it first; the consultation is free.

No. Lane splitting — riding between lanes of traffic or between rows of vehicles — is prohibited under O.C.G.A. § 40-6-312. If you were lane splitting when a crash occurred, it can be treated as a statutory violation that reduces your recovery under Georgia's comparative negligence rule.

Yes. Georgia has a universal helmet law (O.C.G.A. § 40-6-315). Every operator and passenger must wear a DOT-approved helmet regardless of age or experience. If your motorcycle has no windshield, approved eye protection is also required.

Possibly. Not wearing a helmet does not bar your claim, but under Georgia's modified comparative negligence rule (O.C.G.A. § 51-12-33), the defense may argue your injuries were more severe because of it, which can reduce your compensation. Kyle works to limit or defeat that argument.

You may be entitled to compensation for medical bills, lost income, pain and suffering, and more. Kyle investigates liability, insurance coverage, and any statutory issues to build the strongest case and maximize your recovery.

Truck accident claims are not the same as standard car accident cases. They often involve trucking companies, commercial insurers, federal regulations, and multiple liable parties. Many cases require expert testimony from accident reconstruction specialists, medical experts, and vocational professionals to fully prove damages.

Because commercial truck collisions involve extreme force, common injuries include broken bones, back and neck injuries, spinal cord damage, traumatic brain injuries, internal bleeding, and nerve damage. Some symptoms develop days or even weeks after the crash, so prompt medical care is important.

Truck accidents are rarely "just accidents." Common causes include driver fatigue or hours-of-service violations, distracted driving, speeding, improperly loaded or overloaded cargo, failure to maintain or inspect the truck, brake or mechanical failures, inexperienced drivers, and driving under the influence.

To establish negligence you must show the responsible party owed you a duty of care, breached that duty, that the breach directly caused the accident, and that you suffered damages as a result. Proving fault often requires investigation and expert analysis.

No. You don't need a direct head blow to suffer a TBI. Car accidents, construction site accidents, and other major body-blow events can cause traumatic brain injuries without direct head impact — the most common example is whiplash. Some TBIs go undetected initially.

Severe blows to the head or body can disrupt normal brain function. Common causes include slip and fall, car accidents, motorcycle accidents, construction site accidents, medical malpractice, sport and recreation, and domestic violence.

No. MRI and CT scans are valuable tools, but they rarely detect microscopic TBI damage. Neurological evaluation, memory assessment, and psychological testing help doctors determine whether you have suffered a TBI, so regular follow-up is important.

To establish that someone else caused your TBI, you must show they owed you a duty of care, breached that duty, that their action or inaction directly caused the accident, and that you suffered damages. Proving these points often requires expert witnesses.

Property owners such as restaurants, stores, apartment complexes, and businesses have legal obligations to protect their customers and the public. These responsibilities include keeping floors free from spills, hiring security when necessary, and making sure elevators are properly maintained and in good operating condition.

Common slip and fall locations include hotels, restaurants, grocery stores, the workplace, and stairs. Slip and falls are very common and may result in serious injuries like broken bones and head trauma.

There are generally two ways to resolve a slip and fall claim: negotiate a settlement, giving up your right to sue in exchange for payment, or take your claim to court and prove your case. Our firm focuses on settlement agreements, using strong negotiation to get you the money you deserve without a lengthy trial.

From our offices in Woodstock, the Law Offices of Kyle E. Koester, LLC handles slip and fall cases across Atlanta, Marietta, Kennesaw, and Canton.

Products liability cases in Georgia can come in many forms, including manufacturing defects, design defects, and failure to warn. If you have suffered an injury due to a faulty product, you may have a claim.

If you believe you are the victim of a defective product, you may be entitled to damages from the product manufacturer, designer, or distributor.

When a product manufacturer is negligent in making its product safe, doesn't satisfy a warranty for the product, or doesn't tell buyers about the hazards of using the product, the manufacturer can be held responsible for the harm caused by their negligence.

Products that have previously caused harm to consumers include children's toys, tires, safety devices like airbags and seat belts, medications with harmful side effects, and tools or equipment that breaks and causes injury.