It’s possible but difficult to file personal injury claims against a local or state government agency in Georgia. State law outlines special rules for these cases, including a shorter deadline to file a claim. Anyone wishing to sue a government agency will need legal help to overcome these issues.
At Sherrod & Bernard, P.C., we bring over 85 years of combined legal experience to our clients and our dedication to seeking the best results possible. Here, we discuss how personal injury claims against state and local government agencies work in Georgia. To discuss the specific facts of your case in a free consultation, contact us today.
What Does Sovereign Immunity Mean?
Sovereign immunity is the legal doctrine that says you can’t sue a government agency or its employee without their consent (in most circumstances). The sovereign immunity doctrine reflects the belief that public agencies and employees should have legal protection so they don’t face claims whenever they do something someone doesn’t like.
Without the sovereign immunity doctrine, governments could face endless lawsuits from angry citizens, which could prevent them from doing their jobs. However, the sovereign immunity doctrine also creates challenges for people who suffer legitimate harm from a government agency and/or its employees.
What Is the Georgia Tort Claims Act?
The Georgia Tort Claims Act (GTCA) allows people to sue a state or local government in limited circumstances. The GTCA permits public agencies and employees to be held liable for actions that fall within the scope of their official duties, but not in all cases. For example, Ga. Code § 50-21-24 provides a list of actions or situations in which sovereign immunity applies, such as the following:
- State agencies collecting lawful taxes
- Delays by legislative or judicial agencies
- Government revoking required business or other licenses
- Road plans, design, or construction (as long as agencies follow “generally accepted engineering or design standards”)
- Actions by the Georgia National Guard, except for vehicle accidents.
Under the GTCA, governments are not liable for the actions of public employees when those actions fall outside an employee’s official duties. However, public employees may be individually liable in these cases, which balances out the GTCA’s protections for public agencies.
Can You File a Personal Injury Claim Against a Georgia County Government?
County governments in Georgia fall under the GTCA, which means you can sue them if you meet the law’s requirements. County governments and their employees are only liable for actions they take as part of their official duties, and even then, only in certain circumstances. Anyone who wants to sue a county government agency will need help from an experienced personal injury lawyer.
What Is an Ante Litem Notice?
Many legal terms come from Latin. An Ante Litem Notice is a Latin phrase that translates to “before litigation notice” or “before lawsuit notice.” You must submit an Ante Litem Notice to the government agency or employee you intend to sue before you can sue them.
You must submit this notice shortly after your injuries, or you can lose your right to compensation. The deadline for suing a city government agency can be as short as six months, while 12 months is the usual deadline for suing a county or the state.
Why does this additional legal hurdle exist? For one thing, the Ante Litem Notice requirement allows government agencies to investigate and resolve claims without formal litigation. Furthermore, proponents of the Ante Litem Notice requirement argue it helps prevent frivolous lawsuits, enables the government time to correct dangerous conditions, and helps ensure claims are handled fairly.
On the other hand, this additional legal step and its tight deadlines can complicate cases. If personal injury victims fail to act quickly because they don’t understand the rules, they could lose their chance to hold a government agency or employee accountable for their harmful actions. This requirement makes it essential for anyone pursuing a personal injury lawsuit against a government agency to contact an attorney as soon as possible.
Are There Certain Requirements for an Ante Litem Notice?
Ante Litem Notice requirements vary slightly depending on the agency. In most circumstances, you must include the following:
- Your name
- The government agency or employee whose actions caused your injuries
- A description of your losses
- Where and when the incident leading to your injuries occurred
- A description of the incident
- An estimate of the compensation you’re demanding.
What Personal Injury Claims Can You File Against Counties in Georgia?
Some personal injury cases that might involve a county government or other public agency include:
- Car accidents — Public employees often drive around the state as part of their official duties. If an employee causes a crash while performing their official duties, they or the agency they work for could be liable for any resulting injuries. However, public agencies are not liable for accidents when an employee is not engaged in official work.
- Premises liability incidents — County, city, or state agencies maintain sidewalks and other public spaces in many parts of Georgia. If an agency doesn’t promptly fix hazards on property under its control or warn people of potential dangers, it could be liable for someone’s injuries on government-controlled property. Proving a public agency controls a property is often challenging, so you’ll want a lawyer’s help.
- Student injuries at public schools — Teachers and other staff must maintain a safe student environment. If a lack of proper supervision or a dangerous hazard at a school causes an accident, the school and its staff might be liable.
- Police brutality incidents — Police officers can use force when arresting and detaining someone, but they must use appropriate force given the potential danger. Officers who use excessive force and injure someone during an arrest can be liable for the injuries they cause. However, suing a law enforcement agency may require additional legal steps.
Contact a Georgia Personal Injury Lawyer
At Sherrod & Bernard, P.C., our Georgia personal injury attorneys believe holding public agencies and employees accountable when their actions injure someone is vital. We have over 85 years of combined legal experience and a record of recovering significant client compensation.
If you were in an accident and believe you may have a personal injury claim against the state of Georgia, call Sherrod & Bernard, P.C., today or complete our contact form for a free, no-obligation consultation.
