Pre-Suit Notices for Claims Against Counties in Georgia

We have blogged before about pre-suit notification requirements against counties. Simply stated, such a notification must be provided within twelve (12) months of the date of the occurrence or event claimed to have caused personal injury to the claimant. Fortunately, there is a body of law that states that filing a lawsuit within one (1) year of the event will serve to provide Notice to the county. This body of law, however, is entirely different from claims involving State government and also is entirely different from claims against municipalities. Why it is that the difference exists is not completely understood, but the fact remains that if a claimant with a personal injury claim against a county agency or employee files a lawsuit within twelve (12) months of the date of the occurrence or omission involved, they usually will be protected. It is still a good idea, however, to give a written Ante-Litem Notice or pre-suit notification even prior to filing the lawsuit so that no assertion can be made that the county did not receive notice of the potential claim for injuries. Once again, we urge anyone with a possibility of a claim to assert it just as soon as possible and to confer with counsel as soon as possible so as to protect their rights under the law.

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