In Georgia, if someone else hurt you, you can usually seek compensation for the losses that person caused you to suffer. For instance, if you are hurt in a car accident that another motorist caused, you can file a claim or lawsuit against that driver and demand compensation for your medical bills, lost income, damaged property, and other losses related to the accident.
But what if you were injured in an accident due to the negligence of a city or city employee? In Georgia, you have the option to bring a claim against a government entity under some circumstances. While state and local governments are not people, they do employ people who may act negligently within the scope of their employment.
For example, if you were injured in a slip and fall accident on a cracked sidewalk on city property, you might be able to pursue a case against the local government.
Georgia Tort Claims Act
Most government bodies in the United States are presumed to have sovereign immunity, a legal theory that holds that the government cannot be sued by an individual without its consent. The Georgia Tort Claims Act establishes the conditions by which government bodies in the state will waive this immunity. It states that government entities in Georgia can be held responsible for the negligent, careless, or deliberately dangerous actions of their employees. Per the statute: “The state 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.”
However, the law includes exceptions for specific government agencies and employees under certain circumstances. To learn more about the exceptions to the state’s sovereign immunity waiver, click here.
Who Can Be Sued In a Lawsuit Against a Government Entity?
Despite the provisions in the Georgia Tort Claims Act, some agencies still retain sovereign immunity from civil liability. If your injury was caused by an entity or city staff member protected by sovereign immunity under the law, then you won’t be able to bring a case against that agency or employee by filing a claim against the government.
Thankfully, there are numerous scenarios in which a person may be legally entitled to file a lawsuit against a government body or its employee. However, even if your injuries were caused by a city employee’s negligence, the named defendant in your lawsuit will be the government entity they work for. For example, if you were injured by an employee of Duluth City Hall while they were doing their job, your lawsuit would name the City of Duluth as the defendant rather than the staff member.
If you were injured by a government employee who was not on the job at the time of the accident, you would instead pursue a traditional personal injury claim or lawsuit against that person. For example, if you were hit by an off-duty police officer, you would file a claim with their auto insurance policy or, alternately, a lawsuit against the officer.
You Must Prove Negligence for Your Claim to Be Successful
For your claim against the city to succeed, you must be able to demonstrate that a local government agency or one of its employees was negligent, just like you would if you were bringing a personal injury lawsuit alleging that an individual was negligent. The core elements of negligence are:
- Duty of care – First, you will have to establish that the negligent party had a legal obligation to take reasonable care to avoid harming others.
- Breach – You’ll then need to prove that the at-fault party breached their duty of care and failed to uphold this basic responsibility through some form of careless, reckless, or dangerous behavior.
- Causation – Third, you must demonstrate how the other party’s breach of duty of care led to your injuries. For instance, if you were hit by an on-duty EMS driver who was texting at the time of the car accident, you could argue that you were hurt as the result of their distracted driving.
- Damages – You’ll have to show that you suffered losses as a result of the accident in order to recover financial compensation in the form of damages. Your losses could be financial (i.e., medical expenses to treat your injuries, repair bills for any damaged property, and lost income from time you missed at work) or non-financial (physical and emotional pain and suffering caused by the accident).
If you are able to prove these elements of negligence, then you should have a strong case against the city. However, if the city refuses to reimburse you for your losses through the claims process, you might have to take legal action to seek the compensation you need and deserve.
Deadline for Filing a Lawsuit Against the City
If you plan to file a claim against a city or municipality in Georgia, you are required to notify the local government within six months of the accident that caused your injury, and you must do so in writing.
You will need to outline the specific losses you are demanding compensation for and include information like the name of the government entity or employee involved, the time and location of the accident, the nature of your injury, and the act of negligence that led to your injuries. If you fail to provide this Ante Litem notice to the local government within the allotted time frame, then you will most likely forfeit your right to pursue compensation from the city. You may also be required to present additional evidence along with your claim form.
The deadline to file a claim with the state government is longer, but still significantly shorter than the typical two-year statute of limitations that governs personal injury cases against civilians. You have 12 months from the date of the accident to file a written claim against the state of Georgia. You would do this by notifying the Department of Administrative Services, Risk Management Division either by mail or in person. Furthermore, you can only take the state of Georgia to court if your claim was rejected or if more than 90 days have passed since you filed your initial claim with the state.
Contact a Duluth Personal Injury Lawyer Today
Suing the city is a complex process, and there are strict requirements you must adhere to if you want to have a valid claim. The window of time you have to file a claim against local and state government entities in Georgia is also very limited. That’s why we at Brauns Law Accident Injury Lawyers, PC highly recommend consulting with one of our experienced Duluth personal injury lawyers as soon as possible after you’ve been injured.
We have the skills and resources to help you navigate the complex administrative claims process, submit your paperwork on time, and represent you in court if necessary. Contact us today for a free consultation by calling our office at 404-418-8244.
