Gainesville is located at the foothills of the Blue Ridge Mountains and is the county seat of Hall County. Gainesville is approximately 50 miles northeast of Atlanta, and is the largest of the six cities in Hall County with a population of more than 35,000 people. Gainesville is the business hub for northeast Georgia, so Gainesville’s daytime population is estimated to be upwards of 100,000 people. Gainesville has a number of poultry processing plants, so it can sometimes be referred to as the chicken capitol of the world. Gainesville is the 19th largest city in the state of Georgia and is surrounded on three sides by Lake Lanier.
At the suggestion of Justice John Vance Cotter, Gainesville was named in honor of General Edmund P. Gaines, a hero of the War of 1812 and a noted military surveyor and road builder. Downtown Gainesville offers an experience for everyone, with a rich history and more than 50 unique shops and restaurants. Downtown Gainesville also has beautiful street scapes and community celebrations, events and parades throughout the year.
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 Gainesville. For instance, they might trip and fall on a defectively designed or hazardous Gainesville 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 Gainesville 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 Gainesville, 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 Gainesville.
Gainesville has so many wonderful attractions that the last thing you or a loved one will be concerned with is the possibility of being injured in an automobile collision or trucking accident. However, if a scary vehicle accident does occur, do not hesitate to call the Law Offices of Falanga and Chalker. The experienced personal injury attorneys at Falanga and Chalker handle hundreds of personal injury cases each year and have an excellent track record of success. An attorney from Falanga and Chalker will come to you to explain the best way to preserve your legal rights, free of charge for the initial consultation. Insurance companies are trained to manipulate accident situations, so please make the right decision and let the Law Offices of Falanga and Chalker ensure that you are given every penny that you are entitled to in your personal injury or wrongful death claim.