Whether you can sue the City of Atlanta for injuries will depend on what type of injuries that have been suffered and the manner of conduct by the city employee leading to the negligence.
Like the employees, officials, and agents of State and County governments, the City of Atlanta has also been granted immunity from many types of injury lawsuits, so it is important for injured people to contact a lawyer as soon as possible to make that determination.
One major exception to the immunity of the city government involves injuries resulting from accidents in which Atlanta has purchased liability insurance applicable to a claim. In other words, where the City of Atlanta has insurance to cover the negligence of its employee. But, the immunity is only waived up to the limits of the coverage. This means that a person or persons injured in a wreck with a city vehicle will have the ability to recover up to the maximum amount of insurance coverage. The City of Atlanta will have immunity for amounts greater than these limits.
One of the most common types of personal injury lawsuits against the City of Atlanta are those arising from car wrecks with government vehicles. Atlanta city government vehicles include Police Department cruisers, Atlanta Department of Corrections Busses, and Atlanta Department of Health service vehicles, among many, many others.
Still, car accident cases involving Fulton County vehicles are not like other personal injury cases. Under Georgia law, injured persons must put Atlanta city government on notice of the intent to sue. This is notice is called an ante litem notice, and it must be served on the proper government entity per statutory specifications to be valid. Specifications include the date, time, location, and manner of the accident giving rise to the claim. Further, the notice must be presented within six months of the injury. If not, then the claim may be lost.
Even before the lawsuit can be filed, the City of Atlanta is allowed under the law at least thirty days to respond to the claim before suit can be file. This is just one more hurdle in suing the government.
Filing a lawsuit against the City of Atlanta, or its various agencies, departments, and offices, can be tricky. This is why it is important that if you or a loved one have been injured due to the negligence of a county vehicle, that you call and speak to one our experienced Atlanta personal injury trial lawyers today. Our consultations are always free.