Consideration when pursuing a claim in Georgia for personal injuries caused by the government
Laws and procedures related to injuries caused by the government in the state of Georgia may vary, and it’s essential to consult with a qualified attorney in Georgia for specific guidance tailored to your situation. Although we’d have to discuss your case with you as each case is unique, for the purpose of this article, we are sharing some general information about how such cases might be handled in Georgia:
- Sovereign Immunity: Like many states, Georgia has laws that grant the government and government entities certain immunities from lawsuits. These laws limit the circumstances under which individuals can sue the government for injuries. However, Georgia has waived its sovereign immunity in specific cases, allowing individuals to seek compensation for injuries under certain conditions.
- Notice of Claim: In Georgia, if you wish to file a lawsuit against a government entity, you typically need to provide notice of your claim within a specific timeframe, often within six months from the date of the injury. This notice should include details about the incident, the injuries sustained, and the damages you are seeking.
- Investigation and Negotiation: After filing a notice of claim, the government entity will usually investigate your claim. They may negotiate with you to reach a settlement. It’s crucial to have an attorney represent your interests during this process to ensure you receive fair compensation.
- Statute of Limitations: Georgia has a statute of limitations that sets a deadline for filing a lawsuit for personal injury. The specific time limit may vary depending on the circumstances, but it’s typically two years from the date of the injury. Missing this deadline can result in the dismissal of your case.
- Tort Claims Act: Georgia has the Georgia Tort Claims Act, which outlines the procedures and limitations for bringing claims against the state government. This act governs how claims are processed and the damages that may be recoverable.
- Local Government Liability: If your injury involves a local government entity, such as a city or county, you’ll need to follow specific procedures and laws that apply to local government liability, which may differ from those related to the state government.
Given the complexities of government liability laws in Georgia, it is highly advisable to consult with an experienced attorney who specializes in personal injury and government liability cases. They can guide you through the process, help you navigate the legal requirements, and protect your rights.
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Your attorney will need to make sure he or she follows these procedures to the letter in order to preserve your right to bring your claim.
Here’s a summary of how the notice requirements break down:
County claims: O.C.G.A. § 36-11-1
The statute covering county claims requires all claims to be “presented” within twelve months after your injury. In other words, you must notify the county in writing of your intent to file a lawsuit within a year of your injury, and lay out basic information of the reason for your claim. The statute only requires that the county receive “sufficient information” about your potential claim, in order to give county officials and legal counsel an opportunity to investigate the claim and gather evidence prior to suit.
City claims: O.C.G.A. § 36-33-5
Claims against a city have stricter guidelines than a county claim. According to the city statute, you must provide a written ante litem notice to the city within six months of your injury. Unlike county claims, the statute requires that the notice lay out the time, place and extent of the injury to be sufficient. You can skip the ante litem notice if you bring your actual lawsuit within six months of the injury.
State claims: O.C.G.A § 50-21-26.
The laws governing state claims are more strict than the laws for cities and counties. You must provide ante litem notice within twelve months of your injury. The notice must also be written, and hand delivered or mailed (via either certified or overnight delivery), to both the Risk Management Division of the Department of Administrative Services, and the government office that is the basis for the claim.
While the state attorney general does not have to receive the ante litem notice, he does have to be properly served with a copy of the lawsuit once you bring the actual claim.
The important thing for you to remember is that a lawsuit which potentially involves a government employee or agency could have additional requirements for when and how you can pursue your claim. Whenever you suspect you were on government property at the time of your accident, or your injuries were caused by a government employee or official, bring this to your attorney’s attention immediately. If you wait too long – six months for a city or twelve months for a county or the state – you may be prevented from bringing a legal claim at all.
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