Cumming, Georgia

Cumming is in Forsyth County, which is 40 miles north of Atlanta. The population for Cumming according to the 2010 census was 5,430 but there are many places that have a Cumming mailing address with a population of 100,000. There is a deep rooted history in the city of Cumming, Georgia. Cumming was first inhabited by the Cherokee tribes. As for the modern history during the mid 1800's Cumming benefitted and from the gold mining industry. Today the city has experienced new growth, with access to Georgia 400 the city now has the ability to have commuters from Atlanta and all over. The Cumming Fairgrounds were established in October 1995, and since then the County Fair &Festival has been celebrated every year in October. The Sawnee Mountain Preserve also provides views of the city from the top of Sawnee Mountain.

In 1956, Buford Dam, along the Chattahoochee River, started operating. The reservoir that it created is called Lake Lanier. The lake, being a popular spot for boaters, has generated income from tourists for Cumming as well as provide a source of drinking water. There is also the North Georgia Premium Outlets, which is only about 14 minutes north on Georgia 400.

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 Cumming. For instance, they might trip and fall on a defectively designed or hazardous Cumming 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 Cumming 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 Cumming, 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 Cumming.

If you or your loved one are at the Cumming Fairgrounds, just heading to the lake, or passing through on your way to the outlet stores, and the unthinkable happens, which is a car accident or a truck accident. The attorneys and staff at Falanga and Chalker are here to help you. We know how devastating an auto accident or trucking accident can be not only for the driver of the vehicle but for the entire family. Our staff is here to help you through this difficult time. We will assist you in the property damage with your vehicle as a result of the accident. We will help you get to a doctor if you need treatment for your personal injuries.

Our main office is located in Alpharetta, Georgia about 25 minutes from Cumming, Georgia. One of our well trained and dedicated staff members will come to you to go over your auto accident or trucking accident claims because we know how difficult the aftermath of a collision can be. The Attorneys at Falanga and Chalker have been handling auto accident and trucking accident cases in the Cumming area for over 30 years and we are a dedicated law firm that will fight for your legal rights.

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