Georgia Ante Litem Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is strict. For a State claim, no action may be commenced and the courts have no jurisdiction unless a written notice of claim has been timely presented to the State (O.C.G.A. 50-21-26(a)(3)). Reading the current statute or contacting the entity's risk management or clerk office confirms the rule for your claim.

2. 2

   Georgia uses three clocks. State: 12 months from the date the loss was discovered or should have been discovered (50-21-26). City: 6 months from the happening of the event the claim is based on (36-33-5(b)). County: 12 months after the claim accrues, or for minors and persons laboring under disabilities, 12 months after the disability is removed (36-11-1).

3. 3

   A State notice goes to the Risk Management Division of the Department of Administrative Services (DOAS) by certified mail or statutory overnight delivery, return receipt requested, or by personal delivery with a receipt. A copy goes to the State entity involved, by personal delivery or first-class mail.

4. 4

   A city notice is presented in writing to the governing authority. It is served on the mayor or the chairperson of the city council or city commission, by personal delivery or by certified mail or statutory overnight delivery (36-33-5(f)). For a county, ask the county clerk which office receives claims and how.

5. 5

   A State notice states, as far as the claimant knows and as practicable, the State entity involved, the time and place of the occurrence, the nature of the loss, the amount of the loss claimed, and the acts or omissions that caused it (50-21-26(a)(5)). A city notice states the time, place and extent of the injury, the negligence that caused it, and the specific amount of monetary damages sought.

6. 6

   After a State notice, suit may not be filed until DOAS denies the claim or more than 90 days pass, whichever is first (50-21-26(b)). The State action must be commenced within 2 years after the loss was or should have been discovered (50-21-27(c)). A city governing authority must act within 30 days of presentation (36-33-5(c)).

7. 7

   Against the State, recovery is capped at $1 million per person and $3 million in total per occurrence, and the caps are not disclosed to the jury (50-21-29(b)(1)). Punitive or exemplary damages and prejudgment interest are not recoverable from the State (50-21-30).

Georgia Requirements for Notice of Claim

• State Notice Within 12 Months

  O.C.G.A. 50-21-26: written notice of a State claim is due within 12 months of the date the loss was discovered or should have been discovered. Timely notice is a condition of jurisdiction (50-21-26(a)(3)).

• City Notice Within 6 Months

  O.C.G.A. 36-33-5(b): a claim against a municipal corporation is presented in writing to its governing authority within 6 months of the event. Service is on the mayor or council or commission chairperson (36-33-5(f)).

• County Claims Within 12 Months

  O.C.G.A. 36-11-1: claims against a county must be presented within 12 months after they accrue. Minors and persons under disabilities have 12 months after the disability is removed.

• State Delivery and Agency Copy

  O.C.G.A. 50-21-26(a)(2): deliver to DOAS Risk Management by certified mail or statutory overnight delivery, return receipt requested, or personal delivery with a receipt, and copy the State entity involved by personal delivery or first-class mail.

• State Waiting Period and Suit Deadline

  O.C.G.A. 50-21-26(b): no suit until DOAS denies the claim or more than 90 days pass. 50-21-27(c): the action must be commenced within 2 years after the loss was or should have been discovered.

• State Damages Caps

  O.C.G.A. 50-21-29(b)(1): $1 million per person and $3 million aggregate per occurrence. 50-21-30: no punitive or exemplary damages and no prejudgment interest against the State.

• State Notice Contents

  State the State entity involved, the time and place of the occurrence, the nature of the loss, the amount of the loss claimed, and the acts or omissions that caused it, to the extent of the claimant's knowledge and belief.

• City Notice Contents

  State the time, place and extent of the injury, the negligence that caused it, and the specific amount of monetary damages sought.