When you are injured by someone else’s negligence, you have a limited amount of time to file suit. Even if your lawyer is negotiating for you with the at fault driver, if suit is not initiated and filed on time, your rights will be lost. Here is what you need to know.
Statute of Limitations. A statute of limitations is a law that sets the maximum amount of time a party involved in a dispute has to file a complaint in court. The time period begins once the offense (like an injury) is committed. After the statute runs, a party is barred from filing suit.
Assume you are injured in a motorcycle accident after a truck driver makes an improper lane change. In Georgia, you have two years from the date of injury to file suit. If a lawsuit is not commenced before expiration of the two-year statute of limitations, you are very likely barred from suing the at faut driver.
The law, found at O.C.G.A. 9-3-33, states:
Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.
So, if you are injured in a car wreck, you have two years from the date of injury to file suit. Injuries to reputation, like libel or slander, must be filed within 1 year. These dates are important because often times you may still be recovering or receiving treatment in the months or years following a severe injury. During that time, your lawyer may even be collecting records and negotiating with the other side. But unless the lawsuit is filed within the statute, you are not protected. And if the at fault driver is a state, county or city entity or employee, the statute issue is even more complicated.
Ante Litem Notices. “Ante litem” is a Latin term that means "before litigation.” In Georgia, state, county and city governments (and their departments and agencies) require claimants to send an “ante litem notice” before filing a lawsuit. The ante litem notice notifies the government of a victim’s claim and gives it the opportunity to investigate and resolve the claim prior to litigation. The failure to timely and properly serve an ante litem notice will, in some instances, bar a claimant’s lawsuit. In Georgia, for example, a claimant must serve an ante litem notice upon the State within one year of her injury. This notice requirement is mandatory and must be complied with, even though the statute of limitations for filing a personal injury claims is longer – two years in Georgia.
So, imagine that a front loader or backhoe, owned and operated on a public road by a State employee, swings its bucket into your path and knocks you off your bike. The State is liable for your injuries and must receive notice within a year that you intend to pursue those injuries. You still have two years to file suit against the State, but unless you provide proper notice to the State within one year, you will likely be prohibited from suing the State for your injuries. These notice requirements are different for the State, counties and cities.
County claims are governed by O.C.G.A. § 36-11-1. All claims against Georgia counties must be “presented” within twelve months after your injury. In other words, you must notify the county in writing of your intent to file a lawsuit within a year of your injury (even though you still have two years from the date of injury to actually file a lawsuit). In the notice, you must lay out basic information related to the reason for your claim.
City claims are governed by O.C.G.A. § 36-33-5. Claims against a city require notice (ante litem notice) within six months of your injury. Whereas notices to counties are very general, ante litem notices to cities must identify the time, place and extent of your injury to be sufficient.
State claims are governed by O.C.G.A § 50-21-26. The laws governing state claims are strict. You must provide ante litem notice within twelve months of your injury. The notice must also be written, and hand delivered or mailed (via either certified or overnight delivery), to both the Risk Management Division of the Department of Administrative Services, and the government office that is the basis for the claim. Critically, written notice to the State shall state, “to the extent of the claimant’s knowledge and belief and as may be practicable under the circumstances” the following:
a. The name of the government entity;
b. The time of the occurrence out of which the loss arose;
c. The place of the occurrence;
d. The nature of the loss suffered;
e. The amount of the loss claimed; and
f. The act or omission which caused the loss.
The Georgia Supreme Court has held that strict compliance with the notice provisions is a prerequisite to filing suit under the GTCA and substantial compliance is insufficient. Go here to see additional articles we have written about Ante Litem Notices.
Commentaires