Navigating the labyrinth of legal procedures surrounding ante litem cases can be daunting, especially for those unfamiliar with the intricacies of personal injury law. In Georgia, if you intend to pursue a claim against a government entity, understanding the concept of an “ante litem” notice is crucial.
To speak with a personal injury attorney about ante litem cases in Georgia, call 1-855-927-7467 or fill out our online contact form.
By: Lindsey Macon, Partner at McArthur Law Firm, and Atlanta Personal Injury Attorney
Ante Litem: Pre-Suit Notice Ante-Litem Notice to Government
Because Georgia has a two-year statute of limitations for most tort claims, each of the pre-suit notice requirement for tort claims is well within that time frame. The page focused on ante litem Georgia issues will help a person with an injury or wrongful death claim comprehend the ante litem meaning.
This pre-suit notice (sometimes called an ante litem notice Georgia demand) is a statutory requirement that serves as a precursor to filing a lawsuit. The purpose of all three different statutes discussed below was to ensure that the at-fault government entity is adequately informed of the impending claim.
Understanding Ante Litem Notices in the Peach State
An ante litem notice is a formal notification that must be submitted to a government entity before initiating a lawsuit. This procedural step is mandated by Georgia law, designed to give the government an opportunity to investigate and potentially resolve the claim outside of court.
The term “ante litem” itself translates to “before litigation,” aptly describing its preemptive nature in the legal process. Three separate and unique statutes set out the method by which notice must be given, and by what deadline for that government entity must act.
Filing Ante Litem Notice in Georgia Explained in Various GA Code Sections
In subsection (f) of OCGA Section 36-33-5, municipalities must use certified mail or overnight delivery.
The method of notifying the State Government office or agency being sued is the most complex to comply with. Some of the applicable sections and wording of that Georgia statute are italicized or put in bold print below.
Under OCGA § 50-21-26 (a)(2), “Notice of a claim shall be given in writing and shall be mailed by certified mail or statutory overnight delivery, return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Department of Administrative Services. In addition, a copy shall be delivered personally to or mailed by first-class mail to the state government entity, the act or omissions of which are asserted as the basis of the claim. Each state government entity may designate an office or officer within that state government entity to whom a notice of claim is to be delivered or mailed.”
Ante Litem Notice: Georgia Statute Outlining the County Pre-Suit Requirements
Under O.C.G.A. § 36-11-1, the rules for first sending a legal notice of claim to a county has a 12 month window in which the notice must be served. Sometimes, a county jail ante litem letter will be a school bus accident ante litem notice, for an ante litem notice to Sheriff’s Department officials in that county for some tort claim. The Georgia county ante litem notice applies only to county defendants, and not to an incorporate city within that county, which has a 6-month ante litem limit.
Georgia Ante Litem Letter to Mayor and Council of a City (or City Manager)
The applicable statute for pre-suit notice to cities has a 6-month time frame, which is half as long as court notices and state of GA notices. Recently updated, the statute can be found in O.C.G.A. § 36-33-5. So, for an ante litem notice to the City of Atlanta, the letter would be to Mayor Andre Dickens or the chairperson of the Atlanta City Council.
This is set forth in subsection (b) of the law:
- 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.
- The time period (after notice is delivered) for the city to respond is 30 days.
The Importance of Timeliness is that You are Barred from Suing if Not in Compliance
Understanding Georgia’s Ante Litem Notice Requirements. One of the most critical aspects of filing an ante litem notice is adhering to the strict deadlines set forth by Georgia statutes. As shown above, for municipal claims, the notice must be filed within six months of the incident’s occurrence.
Conversely, claims against the state or county entities require submission within 12 months. Failure to comply with these deadlines can result in forfeiture of the claimant’s right to pursue legal action, underscoring the necessity of timely and precise filing.
Taking Proactive Measures by Taking Advantage of a FREE Lawyer Consultation
An ante litem notice is an important part of the legal process in states that have laws mandating this pre-suit “offer to settle” requirement. It is needed for claims against government entities in Georgia.
Understanding why this notice is necessary helps you follow the deadlines. This also sets an early stage for a possible resolution, if a full and fair offer is made to pay our client.
Contact the McArthur Law Firm Today For Guidance on Ante Litem Cases in Georgia
Atlanta personal injury attorney Kathy McArthur, the 2024 Super Lawyers Cover Story legal professional (in ALL practice areas), has been fighting personal injury, car accident, and wrongful death cases since 1980. With over $450 Million recovered, her success record, for an 8-attorney Firm, is outstanding.
The path to justice can feel hard, but being informed and seeing your legal warriors acting in compliance with Georgia laws can help a lot. For accident victims, getting legal help can make the journey easier. This ensures that your rights are protected.
In personal injury law, knowledge matters. Understanding the various ante litem notices is important for seeking full justice. Almost universally, for such cases, skilled legal guidance is needed.
Contact a qualified attorney and Super Lawyer at McArthur Law Firm. Use our toll-free number, 1-855-WARRIOR or 1-855-927-7467 or our online contact form. You’ll see the efficiency and the legal expertise utilized to protect your legal rights.
