In 1832 Georgia formed 10 counties from Cherokee Indian territory. One of these counties was named Cobb County for the U.S. representative named Thomas W. Cobb. It is believed that the city of Marietta was named after Mr. Cobb’s wife. It became official in 1837 by a Georgia legislative act creating the city of Marietta. Just like most towns, the city of Marietta was laid out with a square in the center and a small courthouse.
Marietta is full of interesting history. During the Civil war, back in 1864, forces under the command of General William Sherman moved into Marietta and set up a command camp there occupying the town. In November of 1864, his troops set fire to the entire town.
Marietta is located just fifteen (15) miles northwest of Atlanta and is the county seat for Cobb County. The city limits of Marietta are approximately 23 square miles and boasts a population of around 56,000 residents. In the past, the National Civic League judged the city of Marietta as one of the top ten best communities in the nation as a 2006 All-American City.
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 Marietta. For instance, they might trip and fall on a defectively designed or hazardous Marietta 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 Marietta 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 Marietta, 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 Marietta.
The lawyers associated with the law office of Falanga & Chalker have tried several jury trials at the Cobb County courthouse. Needless to say, Falanga & Chalker has recovered several million dollars on behalf of injured victims who reside in the Marietta area. These local residents are served through the Alpharetta branch office of Falanga & Chalker. Victims who are killed or injured have obtained substantial compensation for their personal injury and wrongful death claims through the efforts of the hard working attorneys at Falanga & Chalker. Falanga & Chalker will work hard to get you every dollar that you are entitled to in your personal injury or wrongful death claim. If you can’t come to one of the four branch offices for Falanga & Chalker, our expert trained staff will come to you. The initial consultation surrounding your accident or injury claim is always free at Falanga & Chalker.