How Personal Injury Claims Against the State of Georgia and Local Governments Work

Key Points:

• While Georgia law protects state and local governments from liability, the Georgia Tort Claims Act (GTCA) allows individuals to sue for personal injuries caused by state employees’ negligence.
• To file a claim under the GTCA, you must submit a detailed ante-litem notice to the state within 12 months of the injury, following specific rules.
• It’s crucial to hire an experienced attorney to handle these claims, as failing to follow the technical rules can result in dismissal.

What is Sovereign Immunity?

Government employees and agents do sometimes cause personal injuries by acting carelessly. Georgia law treats the government differently because of a longstanding concept known as sovereign immunity. This allows state and local governments to avoid legal liability in some circumstances but not all.

When Can an Injury Lawsuit or Claim be Brought Against The State of Georgia?

There are certain exceptions to sovereign immunity that may allow individuals to bring claims against the State of Georgia for personal injury. One such exception is the Georgia Tort Claims Act (GTCA), which allows individuals to sue the state for personal injury or property damage caused by the negligence of state employees acting within the scope of their employment. The GTCA provides a limited waiver of sovereign immunity for these types of claims.

To bring a claim under the GTCA, the injured party must provide written notice, known as an ante-litem notice, to the appropriate state agency and the Georgia Department of Administrative Services within twelve months of the injury. The rules for making and serving an ante-litem notice on the State of Georgia are very technical and precise, and are found at O.C.G.A. 50-21-26. In general, the notice must include the nature of the claim, the time and place of the injury, and the amount of damages sought.

Due to the technical rules involved, it is recommended that anyone bringing a personal injury claim against the State of Georgia hire an attorney experienced in handling government liability claims. Failure to follow the rules exactly may result in dismissal of the claim.

Some of the rules for bringing an ante litem notice against the State of Georgia include:

The notice must be provided within 12 months of the discovery or expected discovery of the injury.

The notice should be sent via certified mail, statutory overnight delivery with return receipt requested, or personally handed over to the Department of Administrative Services, with a receipt obtained.

The notice must be mailed through first-class mail to the state government entity accused of negligence.

The notice should include the name of the state government entity involved, details about the time, location, and nature of the loss, the amount of the claimed loss.

The notice must include a description of the acts or omissions that led to the loss.

Can You File a Car Accident Claim Against the State of Georgia, a City, or a County Government?

While it’s uncommon for a Georgia employer to be liable for a dog bite incident, car accidents involving state employees are more likely. Many state employees drive as part of their job, increasing the chances of a car accident caused by a state worker. In such cases, you may need a car accident lawyer to file a claim against the state, a city, or a county government. Additionally, personal injury claims can arise from premises liability and workplace injuries due to negligence on state-owned property or by state employees.

Can I Bring a Personal Injury Case or Claim Against a Georgia County Government?

Like the State of Georgia, local governments are generally protected by sovereign immunity, which means that they can be difficult to sue. However, there are certain exceptions.

To successfully pursue a claim against a County Government, Georgia law requires a written notice of claim, also known as an ante-litem notice. This notice must be served to certain county officials within 12 months of the injury. The rules for properly serving an ante litem notice on a Georgia county government are found at O.C.G.A. 36-11-1, and while this statute does not contain strict requirements as to the contents of the notice, it is best to provide as much detail as possible.

Examples of personal injury cases that can be brought against Counties include car, truck, garbage truck, police cruiser crashes caused by on-the-job county employees.

What Are the Requirements for an Ante-Litem Notice?

For the State of Georgia (Under GTCA)

• Deadline: Submit within 12 months of the injury.
• Content: Include the nature of the claim, time and place of injury, amount of damages sought, and a description of the negligent acts.
• Delivery: Send via certified mail, statutory overnight delivery with return receipt requested, or deliver personally to the Department of Administrative Services.

For a Georgia County

• Deadline: Submit within 12 months of the injury.
• Content: Best to include the name of the county, time and place of injury, amount of damages, and a description of the negligent acts.
• Delivery: Send to specific county officials, usually via certified mail or statutory overnight delivery.

For a Georgia City

• Deadline: Submit within 6 months of the injury.
• Content: Include the time, place, and extent of injury, nature of damages, and a description of the negligent acts.
• Delivery: Send to the mayor or city clerk, usually via certified mail or statutory overnight delivery.

Can a Personal Injury Lawyer File an Ante-Litem Application for You in Georgia?

Yes, a personal injury lawyer can file an ante-litem notice for you in Georgia. The benefit of hiring a personal injury lawyer is that you have a higher chance of completing the notice correctly. If the ante-litem notice is properly prepared and submitted, your chances of having a successful injury claim against the state increase. An experienced lawyer ensures that all necessary details are included and deadlines are met, which is crucial for the success of your claim.

What are some common types of injury cases that are filed against counties in Georgia?

Here are some examples of other personal injury claims that can be brought against a County government or the State of Georgia:

• Construction and road and highway defect cases: If you are injured due to a defect in a government-owned road or highway, you may be able to file a personal injury claim against the government.
• Falls on government-maintained property: If you are injured due to a fall on government-maintained property, such as a poorly maintained sidewalk or pothole, you may be able to file a personal injury claim against the government.
• Injuries caused by a government employee who fails to perform according to a legal duty: If you are injured due to the negligence of a government employee, you may be able to file a personal injury claim against the government.

Do You Need a Personal Injury Lawyer to File an Injury Claim Against a Government in Georgia?

It’s not a requirement, but it can greatly improve your chances. The state does not just hand out money to anyone who submits an ante-litem notice or claims they were injured. Winning compensation from the government due to an employee’s negligence is challenging. It requires thorough work to collect solid evidence and build a strong case. We highly recommend hiring our personal injury law firm to help you navigate this process.