Filing an Injury Claim Under the Georgia Tort Claims Act

"Can I sue the State of Georgia for causing my personal injuries?"

If that question—or something close to it—is what brought you here, you're in the right place. We begin with a general overview of injury claims against the government, highlighting the kinds of issues you can expect to see. From there, we'll get into the specifics of Georgia law—the kinds of claims you can bring, special rules and procedures you'll need to follow, filing deadlines, limits on the damages you can recover, and more.

An Overview of Injury Claims Against the Government

There's no such thing as a simple government injury claim. When you bring a claim against the government, expect to face a dizzying lineup of rules, special procedures, and limitations that you don't have to contend with when you sue a private person or a business. If it all seems calculated to make your task more difficult, stressful, and unpleasant, there's a reason why: Because it is.

What Issues Should I Look Out For?

Here's a partial list of some common government injury claim issues. Chances are some or all of these—and maybe others—will make an appearance in your case.

Government immunities. Government immunities are an ad hoc group of rules invented by courts and legislatures to make sure that governments and their employees don't have to answer for injuries they cause. There are several kinds of immunities. Each works a bit differently than the others. The details aren't as important as what an immunity can do to your case.

When an immunity applies, it's a claim killer. No matter how serious or permanent your injuries or how blameworthy the government's misconduct might be, an immunity probably ends your claim. The good news is that most governments have "waived" (voluntarily surrendered) their immunities, at least partially. The bad news is that without exception, some immunities remain.

Deadlines and statutes of limitations. When you take on the government with an injury claim, be ready to move quickly. Special deadlines, including lawsuit-filing deadlines known as statutes of limitations, can require you to act within just a few months. You and your attorney might have to make outcome-determinative decisions before you've had a chance to gather all the necessary facts.

Do these short-fused deadlines mean that government injury claims move more quickly or efficiently toward resolution than other claims? Nope. Their primary purpose is much more simple: To kill claims before the government can be forced to pay. Your government claims lawyer understands these time limits and will help you navigate through them seamlessly.

Special processes and procedures. In addition to immunities and short deadlines, you'll also have to contend with processes and procedures you're not likely to find in other cases. For example, almost all states require that you provide the government with written notice of your claim or your intent to sue before you can file a lawsuit in court. Oftentimes, you must give this notice within just a few months after you were injured.

The notice requirement is another claim killer. Some number of injured claimants, unaware that notice is necessary, will fail to provide it. What's the likely result? In most states, failure to provide notice means a later lawsuit is prohibited.

Damage limits. If all else fails—if you pursue your injury claim to a judgment against the government—damage limits are the government's "get out of jail (almost) free" card. As the name suggests, damage limits cap the damages you can collect from the government even if you win your case.

Cap amounts vary from state to state, but in some places they can be as low as a few hundred thousand dollars. If your injuries are serious or catastrophic, that won't be nearly enough to provide for your needs.

Where to Start? Your State's Tort Claims Act

When you're evaluating a possible injury claim against the government, the starting point should be your state's "tort claims act," or similar law. A "tort" is simply a wrongful act that causes personal injury or property damage. A "tort claim" is an insurance claim or a civil lawsuit to collect compensation (damages) for tort injuries.

State tort claims laws don't regulate all tort claims generally. Instead, they lay down the basic rules—immunities, deadlines, and special procedures—for tort claims against the state. In some states, the tort claims act also details the rules for claims against local governments.

Personal Injury Claims Against Georgia

Georgia's Tort Claims Act, found at Ga. Code §§ 50-21-20 to 50-21-37 (2024) (the Act), covers only claims against the State of Georgia and its agencies. Injury claims against Georgia's political subdivisions are regulated by other statutes (see below). Among other things, the Act:

• waives the state's immunity from suit
• describes several kinds of claims that can't be brought against Georgia
• details special rules, procedures, and deadlines for injury claims, and
• caps the damages you can recover from the State.

Waiver of Immunity From Suit

In Ga. Code § 50-21-23 (2024), Georgia waives its sovereign immunity "for the torts of state officers and employees while acting within the scope of their official duties or employment and shall be liable for such torts in the same manner as a private individual or entity would be liable under like circumstances... ."

Georgia Hasn't Waived All Immunities

So, does this mean you can sue Georgia for any kind of personal injury just as you would a private person or a business? No. Despite the broad waiver, Georgia has retained its immunity for specific claims, including those listed in Ga. Code § 50-21-24 (2024).

Specifically, Georgia isn't liable for losses caused by:

• an act or omission by a state employee who was exercising due care to carry out a statute, regulation, or similar rule, even if the rule in question wasn't valid
• carrying out or failing to carry out a discretionary duty, meaning duties involving the formulation, review, or implementation of state policies
• assessing or collecting any tax, or detaining any goods or merchandise
• legislative, judicial, quasi-judicial, or prosecutorial action (or inaction)
• administrative action or inaction
• failing to provide law enforcement, police, or fire protection
• civil disturbance, riot, insurrection, or rebellion
• intentional torts like assault or battery
• defamation (libel or slander)
• interference with contractual rights
• failing to inspect or inadequately inspecting any property not owned by the government
• plans for or the design or construction of improvements to public infrastructure, if the plans or design complied with then-existing generally accepted engineering or design standards
• licensing and regulatory powers (including managing permits, licenses, and similar authorizations)
• regulatory activities like examinations, inspections, and audits for financial institutions
• training or duty activities of the Georgia National Guard, except auto accidents, and
• failures or malfunction of state computer software or programs.

What Kinds of Claims Can You Bring Against Georgia?

It does little good to focus on the claims that Georgia law prohibits. What kinds of claims are permitted?

Acting within scope of duties. Georgia's waiver of immunity is good only in cases where the officer or employee who's responsible for your injuries was acting within the scope of their official duties. Stated a bit differently, Georgia has agreed to be sued only if the responsible person was doing their job at the time they caused your injury. If they were acting in a personal capacity, you don't have a claim against Georgia.

Commonly filed claims. Here's a partial list of personal injury negligence claims commonly filed against Georgia:

• premises liability claims involving dangerous conditions in public buildings
• slip and fall claims involving public sidewalks and other walkways
• auto accidents caused by a defective road or highway condition
• car wrecks that happen because of a government employee's negligent driving, and
• medical malpractice claims over care and treatment at government-operated medical facilities.

This listing isn't meant to be complete. Ask your lawyer whether your claim is on Georgia's prohibited list or its permitted list.

Special Rules, Procedures, and Deadlines

Georgia, like nearly all states, requires that you negotiate a maze of special rules, filing deadlines, and procedures in order to bring a claim against it. We begin with the required notice of claim, then we'll turn our attention to Georgia's lawsuit filing deadline.

Filing a notice of claim. Before you sue Georgia in court, you must send the government a notice of claim as specified in Ga. Code § 50-21-26 (2024). The deadline to provide this notice is 12 months from the date that you discovered or should have discovered your injury. (Ga. Code § 50-21-26(a)(1) (2024).) You can deliver the notice personally (be sure to get a delivery receipt) or send it via certified mail, return receipt requested, to:

• the Department of Administrative Services Risk Management Division, and
• the state entity or agency that caused your injuries.

The Risk Management Division has a claim form you can use (automatic download in Word format). If you don't use this claim form, make sure your notice describes:

• the name of the Georgia agency or entity that caused your injuries
• the date and time of your injury
• the place where you were injured
• your injuries and other losses
• the amount of your damages, and
• the events that caused your injuries.

(Ga. Code § 50-21-26(a)(5) (2024).)

Once you send the required notice, you must wait until the earlier of:

• 90 days from the date you provided notice, or
• the date the Department of Administrative Services denies your claim.

(Ga. Code § 50-21-26(b) (2024).)

What happens if you don't timely provide this notice of claim but you file a lawsuit anyway? The court has no authority (jurisdiction) to decide your case and must dismiss it. You've lost the right to pursue your injury claim against Georgia. (Ga. Code § 50-21-26(a)(3) (2024).)

Lawsuit-filing deadline. Keep in mind that filing a notice of claim isn't the same thing as filing a lawsuit. Your lawsuit, should you choose to file one, must be filed in court, usually in the county where you were injured. (Ga. Code § 50-21-28 (2024).) The lawsuit-filing deadline, called a "statute of limitations," is two years. The two-year clock generally starts on the date you discover or should have discovered your injury.

The statute of limitations, like the claim notice requirement, is a claim killer. Miss the deadline and, absent an exception that gives you more time, your claim against Georgia is legally dead. Try to file a lawsuit and the court will dismiss it as untimely. The State won't negotiate a settlement with you either, because as far as Georgia is concerned, you no longer have a claim to settle.

Damage Limits

For most personal injury claims against Georgia, personal injury damages for any single occurrence are capped at $1 million per individual and $3 million in the aggregate. Special cap rules apply in medical malpractice cases. (Ga. Code § 50-21-29(b) (2024).) Punitive damages aren't allowed. (Ga. Code § 50-21-30 (2024).)

Filing a Claim Against a Local Government in Georgia

Injury claims against Georgia's political subdivisions—counties and cities—are controlled by a hodgepodge of rules that can be difficult to understand. Georgia law divides injury claims against local governments into two categories:

• claims resulting from auto accidents, and
• everything else.

We review the basics here. For in-depth analysis of your claim, speak to a Georgia government claims attorney.

Claims Resulting From Auto Accidents

Ga. Code § 36-92-2 (2024) waives the sovereign immunity of Georgia's counties and cities for injuries resulting from the negligent use of a motor vehicle owned or leased by the government. The waiver is effective up to the higher of these amounts:

• $500,000 for injuries to or the death of one person, $700,000 for injuries to or the deaths of two or more persons, and $50,000 for property damage caused by a single accident
• an amount adopted by the governing body via ordinance or resolution, or
• the amount of commercial liability insurance purchased by the government.

Note that the waiver only operates as to claims arising out of the use of a motor vehicle by a government officer or employee acting within the scope of their duties—that is, actually doing their job.

Claims Resulting From Everything Else

With one important exception, Georgia law doesn't waive the sovereign immunity of its local governments for injuries arising out of non-motor vehicle claims. (See Ga. Code § 36-33-1(a) (2024).)

The exception? Sovereign immunity is waived for municipalities that buy insurance to cover the city's liability. For example, say you slip and fall on a dangerous city-owned sidewalk. If the city is insured for this loss, the city's sovereign immunity is waived to the extent of the insurance coverage.

Claim Notice Requirements

Just as with claims against Georgia, you can't simply march down to the local courthouse and file a lawsuit against a Georgia city or county. As a prerequisite to suit, you must provide written notice of your claim.

Claims against Georgia counties. When you were injured by a Georgia county, you must give written notice of your claim within 12 months, usually from the date you discovered or should have discovered your injury. Minors and persons who are legally disabled get more time. Failure to provide the required notice means your claim is barred. (Ga. Code § 36-11-1 (2024).)

Claims against Georgia cities. Within six months after the date of your injury, you must provide the city with written notice of your claim. The notice should include:

• the date and time you were injured
• the place where you were injured
• the nature and extent of your injury, and
• a description of the negligence that caused your injury.

(Ga. Code § 36-33-5(b) (2024).)

Note, importantly, that your description of the extent of your injury must include the specific amount of money damages you're seeking. Including the amount in your notice constitutes an offer to settle your claim for that amount. (Ga. Code § 36-33-5(e) (2024).)

You can hand deliver the notice (get a delivery receipt) or send it via certified mail. Best practice is to get a return receipt for your certified mailing. The city has 30 days to consider and act on your claim. The statute of limitations is "tolled" (temporarily paused) while your claim is pending. (Ga. Code § 36-33-5(c)-(d) (2024).)

Get Help With Your Georgia Government Injury Claim

Georgia's government injury claim rules are, at best, confusing and difficult to follow. Chances are you're not familiar with them. If you try to handle your injury claim without legal help, you'll soon be in over your head. The lawyers representing the government know these rules inside and out. They also know how to use them against you.

To make it a fair fight, you need expert legal counsel on your side. When you're ready to move forward with your claim, here's how you can find a lawyer who's right for you.