Atlanta Accident Law Library

by Stokes & Kopitsky, P.A.

Suing the Government in Georgia:
Notices You Must File First

If you're considering suing the local, state or federal government in Georgia, you'll have to follow a special set of rules called ante litem (“before the case”) rules. These rules set strict time limits and other requirements for when you may file your case, in addition to the statutes of limitations or statutes of repose that might apply in your case. It's very important to understand and follow these rules, because if you don't, you may not be able to recover any money -- no matter how good your case might be. Any mistake can lead to your case being dismissed, and you may not be able to file it again if you're past the strict deadlines set by ante litem notice laws.

Suing the Local Georgia Government: City, Town, County, or Other

Under Georgia state law, “municipal corporations” -- cities, towns, villages and other municipalities -- are legally liable for injuries they cause to a person or his or her property. However, you can't bring a successful lawsuit against a Georgia municipal corporation until you've followed the strict requirements of the Georgia ante litem notice laws for municipalities. These laws require you, within six months of your injury, to give written notice of your claim to the governing authority of the municipality you're suing (often a mayor or a board). In this written notice, you must include:

1. The time and place of your injury.
2. The extent of your injury -- i.e., how badly you were hurt.
3. What carelessness or deliberate actions by the municipal corporation caused your injury.
4. Any other information necessary for the municipality to investigate your claim.

The municipality has 30 days to respond. During that time, the statute of limitations is suspended. Unless you settle the claim then, nothing the municipality decides can bar you from filing a lawsuit after it responds.

Ante litem requirements for counties are similar to those for cities, but with two important differences. One is that you have 12 months -- an entire year -- to submit a written claim to the county. The other is that you can submit your written complaint at the same time that you file a lawsuit. In fact, your lawsuit can usually serve as the written complaint. State law on suing counties simply says that you must submit all claims against counties within 12 months of the injury, with two exceptions. Minors and temporarily disabled people have 12 months from the date when the disability is removed or the minor's eighteenth birthday.

Suing the State of Georgia

Ante litem notice requirements for the State of Georgia are much more detailed and complex than the requirements for suing a municipality. Under the State Tort Claims Act, you have 12 months from the date your injury was discovered, or should have been discovered, to give written notice if your claim to the state. You may not sue the State of Georgia until you have given that written notice, and if you sue later, you must attach a copy of your written notice and a copy of the delivery receipt. The state Department of Administrative Services has 90 days to deny or accept the claim. If you don't come to a settlement then, or if the department misses the deadline, you can proceed with your lawsuit.

In order to be considered, you must include the following information in your written notice:

1. The name of the state agency that you believe injured you.
2. The time and place of the incident.
3. What kind of losses you suffered.
4. How much you're claiming in damages.
5. The actions or lack of actions by the state agency that you believe hurt you.

You must submit that notice via certified mail, statutory overnight delivery with return receipt or personal delivery with receipt, to the Risk Management Department of the Georgia Department of Administrative Services. Another copy must go to the correct person at the agency you're suing, via personal delivery or first-class mail. If you fail to meet these or any other requirements, a court may simply decide your claim isn't valid. If you're past the one-year deadline by then, you may lose your right to sue at all.

Suing the U.S. Government: the Federal Tort Claims Act

The federal government also requires ante litem notice if you wish to sue a U.S. government agency in Georgia (or anywhere else). Under a law called the Federal Tort Claims Act, you must submit a written notice to the agency you want to sue, within two years of your incident. That written notice (called a Form 95 claim form) has to contain enough information for the agency to investigate your claim, and it must specify how much money you're asking for in damages. The agency has six months to investigate, during which you can't file your lawsuit. After the claim is denied, you have six more months to file your suit. Importantly, you cannot ask for more money in a lawsuit than you did in the administrative claim unless new evidence emerges, so it's important to make sure you understand the full value of your claim.

Other requirements under the Federal Tort Claims Act include:

• You cannot sue a government worker for actions that aren't within the scope of his or her employment. (That is, you may only sue the government if the employee was working or doing something connected to his employment when the incident took place.)
• You must sue the federal agency, not an individual employee.
• You may sue in the federal court for the area where the incident happened.
• Your case will be decided by a judge with no jury, except in certain tax cases.
• You do not have the right to recover punitive damages.
• Your claim is considered submitted on the day it's received, not the day it's mailed.
• Any denial of your claim is effective the day it's mailed, but it must come via registered or certified mail.
• Any denial must be unequivocal (clear) and inform you of your right to sue within six months.

In addition, individual federal agencies may have their own rules that you must follow.

Thinking of Suing the Government? Stokes & Kopitsky Can Help

As you can see, the rules for suing the local, state, or federal government in Georgia can be very complicated, and the deadlines can be very short -- especially if you're recovering from a serious injury. That's why it's important to talk to an experienced Georgia injury attorney as soon as you think you might want to file an accident or injury claim against any part of the government. Stokes & Kopitsky can help. We are an Atlanta-based personal injury law firm with more than 30 years of experience helping seriously injured clients throughout Georgia. We're proud to be able to say that we've won millions for our clients to compensate them for medical costs, repair bills, lost wages, emotional and physical suffering, and more after a serious injury or the unexpected, accidental death of a loved one. And because we offer free consultations and work for contingency fees -- which means we don't take legal fees unless and until we win your case -- there's no risk to you.

To set up a free, no-obligation consultation with Stokes & Kopitsky, call us today at 1-800-552-9200, or in metro Atlanta, at (404) 892-0011, or use the contact form below. We offer 24/7 help; if you or your family member has been injured, you can call us any day, any time.

How to Contact Atlanta Injury Attorneys
Stokes & Kopitsky, P.A.

If you've been injured in a Georgia accident because of another person's fault - even if you were also at fault - we can help you. We're Atlanta injury lawyers Gregory M. Stokes and Neil J. Kopitsky, and we have over 30 years of experience helping injured people and their families get justice and payment when they are involved in a car accident, truck accident, motorcycle accident, slip and fall, or workplace accident. We've recovered millions of dollars in payments for our clients in Atlanta accident, Atlanta wrongful death cases, and Georgia injury or death cases.

Your initial telephone or office consultation is FREE and CONFIDENTIAL, and our fees are paid only from what we recover for you. There is no pressure; we want to help with your recovery and treat all our clients with courtesy, care, and respect. Please call toll-free any time, any day, to speak with us. We look forward to helping you. You can contact us at:

Toll-free Telephone: 1- (800) 552-9200

Local Atlanta Telephone: (404) 892-0014

E-mail: info@skattorneysatlaw.com