By Pierce Blitch
Act Fast to Secure Your Rights
If you think you have two years to file a claim for serious personal injury or wrongful death against a state agency in Georgia, think again. The clock ticks faster than you might expect. Here’s what you need to know to protect your rights.
The Georgia Tort Claims Act: Know Your Limits
The Georgia Tort Claims Act allows claims against the state, waiving sovereign immunity up to $1 million per person and $3 million per occurrence. However, this comes with a lot of rules and limitations.
Who to Sue
You must file your lawsuit against the state agency responsible, not the individual state employee or official.
Timing is Everything
You have 12 months from the date of loss to provide written notice of your claim. Missing this deadline almost certainly means your case will be dismissed.
How to File Your Notice Correctly
Delivery Methods
Send your written notice by certified mail or statutory overnight delivery, with return receipt requested. Alternatively, you can deliver it personally to the Risk Management Division of the Department of Administrative Services and get a receipt. Also, send a copy to the relevant state government entity by first-class mail or deliver it in person.
Information to Include
Your notice must include:
OCGA 50-21-26(a)(5)
- The name of the state government entity. OCGA 50-21-26(a)(5)(A)
- Time of transaction or occurrence
- Place of transaction or occurrence
- Nature of the loss suffered
- Amount of loss claimed
- Acts or omissions that caused the loss
Attach Notice to Lawsuit
When you file your lawsuit, attach a copy of your notice to ensure compliance.
Strict Compliance is Key
Failing to strictly follow these requirements will likely result in the dismissal of your lawsuit, regardless of its merits.
Separate Rules for Local Governments
Keep in mind, there are different immunity rules and notice requirements for claims against county and municipal governments in Georgia.
Protect Your Rights with Prompt Action
Time is of the essence when filing a claim against Georgia state government. Don’t let a missed deadline jeopardize your case.
CALL THE Blitch Law Firm ATTORNEYS AT LAW TODAY TO DISCUSS YOUR PERSONAL INJURY CASE
We fight for you, and we don’t back down. Every personal injury case has potentially life-altering consequences. We don’t hold back on providing our clients the best possible representation. At The Blitch Law Firm, we understand the physical, emotional, and financial toll a personal injury case can take. If you, a family member, or a close friend has been injured due to someone else’s negligence, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our dedicated personal injury strategies with one of our compassionate and experienced attorneys.
DISCLAIMER:
The content on this site is offered solely for informational purposes and might not represent the current law in your jurisdiction. None of the details provided here should be interpreted as legal advice from The Blitch Law Firm or from the individual writer. Additionally, it is not meant to replace professional legal advice. Readers should not base their actions or decisions to abstain from actions solely on the information found in or available through this site. Instead, they should seek tailored legal or other expert counsel regarding their specific situation from an attorney or other professional authorized to practice in the reader’s state, nation, or other relevant licensing area.