Atlanta is known as the Chicago of the south. Almost any business operating in the southeast has some sort of branch office located here in Atlanta. If you fly anywhere in the world, chances are that you will travel through the busiest airport known as Hartsfield International Airport.
There is so much to see and do in Atlanta. You can visit many tourist attractions such as the Botanical Gardens, the Georgia Aquarium, Zoo Atlanta, the World of Coca Cola, take in a football game or other activity at the Georgia Dome, or check out the Martin Luther King, Jr. National Historic Site. Atlanta is home to the winning Atlanta Falcons football team and the famous Atlanta Braves baseball team.
Atlanta has history like no other city in the south. Dating back to the battles of the civil war until the present is a fantastic read. Atlanta has also been home to many famous people throughout the years.
With so many people and with so many streets and major highways, Atlanta is known for it’s rush hour traffic auto and tractor trailer collisions. Pedestrians are struck by vehicles almost daily while trying to cross the busy streets of Atlanta. New buildings are being constructed with resulting construction related injuries. Many of the traffic fatalities in Georgia occur each year in the metropolitan area of Atlanta. Many times, the injured victims are transients either traveling through Atlanta or just visiting here for a short period of time. Many of these injured people don’t know how to find a doctor, get treatment or know how to locate a good personal injury attorney that can assist them in their recovery, both physically and financially.
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 Atlanta. For instance, they might trip and fall on a defectively designed or hazardous Atlanta 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 Atlanta 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 Atlanta, 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 Atlanta.
If you or a loved one has been injured in the Atlanta area, then please contact the law offices of Falanga & Chalker. The expert staff at Falanga & Chalker serve the Atlanta public with two (2) offices located in the Atlanta area. One of the offices is located on the north side of Atlanta in Alpharetta and the other office is located on the south side of Atlanta near the airport in Riverdale. Remember, the initial consultation is always free and if you can’t come to us, then our expert staff will come to you.