Canton is the county seat for Cherokee County. Canton has a total area of 14 square miles, and lies just north of Lebanon and south of Ball Ground, Georgia. Canton was once famous for its “Canton Denim” known worldwide for the high quality denim produced by Canton Cotton Mills. The name Canton was chosen by a group of citizens who had dreams of making the Georgia town a center in the silk industry. Canton was later destroyed by General Sherman’s March to the Sea, but came back due to the booming denim industry. Cherokee County, where Canton sits, remains one of Georgia’s largest counties with an area of 429 square miles.
Canton has recently received millions of dollars in grants for renovations throughout the city, most of the money being directed for parks and sidewalk improvements in the city. The construction, renovation and revitalization are helping Canton to become one of the more resident friendly towns in North Georgia. The Historic Canton Theatre on Main Street features plays and other social events throughout the year, which are a town favorite.
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 Canton. For instance, they might trip and fall on a defectively designed or hazardous Canton 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 Canton 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 Canton, for your personal injury claim, the Georgia state law states as follows: OCGA § 36–33–5. This statute provides, in relevant part:
- 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 Canton.
The last thing on your mind when visiting Canton will be if you or a loved one is ever injured in an automobile or trucking accident, but if this scary event does occur, please call the Law Offices of Falanga and Chalker. The experienced attorneys at Falanga and Chalker will handle your case with class and treat you with the upmost respect throughout the process of getting you every penny you deserve. An attorney will come to you, to make sure there is no added stress of trying to arrange how to get to the Law Offices of Falanga and Chalker. Insurance companies are trained to undercut you, and give you a settlement much less then you deserve, so in order to prevent that from happening, call the Law Offices of Falanga and Chalker.