Decatur is a traditional small town atmosphere, with the sophistication and excitement of a college town, all coupled with the benefits of living in a major metropolitan area. Decatur is the county seat for DeKalb County. Decatur is just minutes east of downtown Atlanta, minutes west of Stone Mountain and MARTA has a rail station under the downtown square. Decatur is named after Stephen Decatur, a 19th century U.S. Naval hero.
Decatur is very accessible through Ponce de Leon Avenue, College Avenue and Clairemont Avenue. MARTA has three rail stations within the city limits of Decatur. Decatur has devoted a large portion of land for outdoor activities such as tennis courts, basketball courts and swimming areas that are open to the public. The city of Decatur has a commitment to ensuring a high quality of life for residents, businesses and visitors both today and in the future.
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 Decatur. For instance, they might trip and fall on a defectively designed or hazardous Decatur 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 Decatur 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 Decatur, for your personal injury claim, the Georgia state law states as follows: OCGA § 36–33–5. This statute provides, in relevant part:
- (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 Decatur.
Whether you are a resident or just visiting beautiful Decatur, please know that the Law Offices of Falanga and Chalker are the people to call if you or a loved one is ever injured in an automobile or trucking accident. Insurance companies are trained to coax you into settling for way less then you deserve, so please let the experienced attorneys at Falanga and Chalker preserve every legal right for you. The attorneys at Falanga and Chalker will come to you, free of charge, to access your case further. Falanga and Chalker has a high track record of success for personal injury claims in the state of Georgia, so make the right decision and let Falanga and Chalker handle your case.