Trial Attorney Blog
While most serious injury lawyers are aware of the ante litem provisions that exist under Georgia law, most lay persons are not. Thus, injured persons with valid claims against either city or county governments can through inaction sabotage such claims unwittingly just because of their ignorance of the arcane provisions found in the ante litem statutes of Georgia law. An ante litem notice simply means notice before litigation is commenced. With respect to cities, O.C.G.A. § 36-33-5 requires written notice to a Georgia municipality within six months of the event giving rise to the claim. This code section reads as follows:
“Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment stating the time, place and extent of the injury as nearly as practicable and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.”
Without being fancy about it, what this ante litem statute does is actually to shorten the statute of limitations for negligence claims against municipal authorities. If an individual has a claim against a city but does not act within six months, he or she can lose all of their legal rights. Thus, it is crucial for those who have claims against municipalities to confer with counsel as soon as possible and to make sure that a written ante litem notice is provided to the municipality involved.
As set forth in the statute cited, the ante litem notice must be given to the city itself. Notice to a city’s insurance company is not sufficient. While an ante litem notice does not have to be as specific or detailed as a formal written complaint or lawsuit, nonetheless, it has to be sufficient enough for the city to investigate it and determine whether it might be in the city’s best interest to address such a claim. While such claims are routinely denied, and while the alleged purpose and efficacy of the ante litem notice in that regard is highly questionable, nonetheless, this statute must be observed otherwise the claim lapses as a matter of law and no lawsuit can be brought against the municipality no matter how negligent the city’s conduct may be.
Like cities, Georgia counties are also entitled to pre-suit notice. See O.C.G.A. § 36-11-1. There are a number of differences between this law, however, and the required ante litem notice for municipalities. One of the biggest differences is that the time limit of the demand is 12 months from the event. Secondly, there is no waiting period for the notice. In other words, the required notice may be provided via a lawsuit being filed. This is a substantial difference over the ante litem notice for municipalities. Once again, oral notice to the county is insufficient.
In a separate article, we will address the requirements of the State Tort Claims Act which deals specifically with claims against the state of Georgia per se as opposed to counties and municipalities. In this brief article, however, we felt it important for all Georgia citizens to know that if they are injured by the negligent acts of a municipal or county employee, they must not sit on their rights and they must act in a timely manner.
Because of the nuances of the law in this area, it is important that most private individuals with claims against municipalities or counties confer with counsel as soon as possible to make sure that ante litem notice provisions are observed. Failure to do so can be catastrophic because the statute of limitations will bar the claim if the ante litem notice is not timely filed.