Woodstock is over one hundred years old and one of the county’s oldest towns. Woodstock was created due to use of the railroad, which came in November, 1879. Woodstock began to thrive because of its abundance of water nearby and by the 1890’s Woodstock was shipping 2,000 bales of cotton annually and developers were also introducing innovative farming methods to counties all around Woodstock. The city of Woodstock is now the fastest growing city in Cherokee County, with Woodstock doubling in size in the last 10 years. Interstate 574 and State Highway 92 run diagonally and directly through Woodstock, allowing residents and visitors alike, unlimited possibilities.
If Woodstock were a county, it would be the 76 largest county in Georgia and larger than 84 of the 159 counties in the state. Downtown Woodstock is filled with paved brick sidewalks, which provides residents and visitors a friendly environment to enjoy the beautiful scenery. Buildings date back to 1879 in downtown Woodstock and they are the trademark of the historic commercial district. Woodstock is known throughout the state for its Fourth of July Parade each year, where applicants have to apply to join the parade because it’s in such high demand.
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 Woodstock. For instance, they might trip and fall on a defectively designed or hazardous Woodstock 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 Woodstock 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 Woodstock, 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.
- (a) 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 Woodstock.
Whether you or a loved one is in town for the parade, or you live in Woodstock, please remember to call the Law Offices of Falanga and Chalker if you are ever involved in an automobile or trucking accident. An experienced attorney from Falanga and Chalker will come to you, to make this chaotic time in your life, less stressful. Falanga and Chalker have handled all different types of personal injury claims and we know how to get you every penny you deserve. We know that monetary gains cannot fix everything, but as a victim you are entitled to what you deserve, so please don’t let the insurance companies coax you into settling for way less than your case is worth.