Acworth is located in the foothills of the North Georgia Mountains along the Etowah River. Acworth is located 35 miles northwest of Atlanta, so it is close enough to experience the city life, yet you still have the small-town atmosphere which allows opportunities for fun and tranquility. Acworth is convenient to both Interstate 75 and Highway 41. Acworth is nicknamed “The Lake City” because of its proximity to water. Acworth is surrounded by two lakes, Lake Allatoona and Lake Acworth, which offers beaches for swimming, fishing, boating and camping opportunities.
Acworth was incorporated on December 1, 1851. Acworth received its current name from Western and Atlantic Railroad Engineer Joseph Gregg who named it for his hometown of Acworth, New Hampshire. On November 13, 1864 Acworth was burned down by the army of General Sherman, sparing only twelve homes and one church. The homes that were spared now are a part of a historic tour which wraps around Main Street through downtown Acworth.
Sometimes a person finds themself in a position where they have to make a personal injury claim against a city such as the city of Acworth. For instance, they might trip and fall on a defectively designed or hazardous Acworth city sidewalk . They may be involved in a car accident or trucking collision involving a city owned vehicle that was negligently driven by a city of Acworth employee. Filing and pursuing a personal injury or wrongful death claim against a city governmental agency is tricky and can lead to the denial of your personal injury or wrongful death claim if certain mandatory time restrictions are not met. These mandatory time restrictions are in addition to the two year state of limitations requirement for a personal injury or wrongful death claim. If you have a personal injury or wrongful death claim against a city, county or state government agency, you should immediately seek legal advice from the experienced personal injury attorneys at Falanga and Chalker who can advise you of the notice (called “Ante Litem Notice”) requirements involved with your city, county or state personal injury or wrongful death claims.
For instance, when filing a claim against a city such as the city of Acworth, for your personal injury claim, the Georgia state law states as follows:
OCGA § 36–33–5. This statute provides, in relevant part:
1. (a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in subsection (b) of this Code section.
(b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.
Additionally, a person is barred from recovering any amounts for personal injury damages that are greater than the amount of the city insurance policy limits as any amounts in excess of the insurance policy limits would be barred under the legal theory known as “Soverign Immunity”. Soverign immunity goes back in time to England where the royal rule of law was that you could not sue the king unless the king said that you could sue him. Therefore, you can’t sue the city except for the amount of their liability insurance policy because they enacted a statute that says that they are immune from any personal injury liability over and above their liability insurance policy limits for any city, including the fine city of Acworth.
Whether you are on Lake Allatoona, Lake Acworth, or are enjoying everything downtown Acworth has to offer, please remember the Law Offices of Falanga and Chalker if you are ever involved in a boating, automobile or trucking accident. No one plans for an accident, and everyone thinks it will never happen to them, but when something does and you are injured due to the negligence of someone else, be prepared and let the experienced personal injury attorneys at Falanga and Chalker handle your personal injury or wrongful death case and preserve your legal rights. Falanga and Chalker will come to you to set up a free initial consultation, that way there is no added stress during this chaotic point in your life. Insurance companies are trained to manipulate injured victims, so take the proper steps necessary to avoid this by contacting the Law Offices of Falanga and Chalker to handle your personal injury or wrongful death claim.