WHAT ARE THE NOTICE REQUIREMENTS OF ANTE LITEM CASES?

Any person who is injured by a government employee in Georgia has the right to file a lawsuit to retrieve damages. Filing a lawsuit against a government worker is a bit different from filing against a private citizen. Ante-litem, or notice of intent to sue, is required when suing the government.

There are certain requirements in the state that may differ from what is required in other states. If you do not adhere to these requirements, your case will not be heard. They are as follows:

• The notice that you intend to file a claim against the government must be received in writing within 12 months of the incident.
• The written notice must be mailed using certified mail or statutory overnight delivery with return receipt requested. If delivered personally, a receipt can be obtained by the person accepting the notice.
• If there has been no written notice of intent filed and delivered, no court will have jurisdiction over the case.
• When a complaint is filed, it must include the receipt of delivery of the notice of intent.

The notice of claim must include:

• The name of the government entity
• The acts or omissions asserted as a basis for claim
• The time and place of the occurrence
• The nature of loss
• The amount of loss claimed
• The acts or omissions that resulted in the loss claimed

Any person who has been injured by a government employee or entity should consult with an experienced personal injury attorney before proceeding with a lawsuit.