What Are the Challenges in Pursuing a Personal Injury Claim Against a Government Entity in Georgia?

What Are the Challenges in Pursuing a Personal Injury Claim Against a Government Entity in Georgia?

If a negligent action or omission by a government entity in Georgia caused you to suffer an injury, can you seek compensation by suing the government? Yes, you can file a personal injury lawsuit against a government entity in Georgia. However, there are additional challenges you will face compared to personal injury lawsuits filed against private citizens or companies.

Understanding these challenges will give you the best chance at successfully recovering the compensation you deserve after the government injures you.

Georgia’s Sovereign Immunity

Sovereign immunity protects governments against lawsuits except in cases where they have specifically waived their immunity. In many cases, this can make it challenging to hold a government entity financially liable for your injuries. Georgia Code section 50-21-24 outlines the situations in which the state of Georgia is immune from injury lawsuits, including:

• A government officer or employee exercising discretion while performing their job duties
• Administrative action or inaction
• The failure of the government to provide law enforcement, police, or fire protection
• Assault, battery, or false imprisonment
• Official activities of the Georgia National Guard

However, car accidents are a notable exception to the state’s sovereign immunity. If a government vehicle caused an accident that injured you, you may be able to seek compensation.

Notice of Claim Requirements for Suing a Government Entity

Unlike personal injury cases against private citizens or companies, personal injury cases against government entities require that you provide a notice of claim before filing your lawsuit. The deadline for filing this notice depends on the type of government entity you’re suing:

• Georgia Code section 50-21-26 gives victims 12 months to notify the state government of their intent to sue.
• Georgia Code section 36-33-5 gives victims six months to notify a municipal government of their intent to sue.

Additionally, your notice of claim must include certain information, such as:

• The government entity you’re suing
• The damages you’re seeking
• The time and place of the incident
• The nature of the loss you suffered
• The acts or omissions that caused your loss

Deadline for Filing a Lawsuit Against the Government

Beyond the deadline for filing your notice of claim, Georgia Code section 9-3-33 outlines a two-year time limit for filing a personal injury lawsuit. You must file your lawsuit within this period or risk the courts barring you from seeking recovery.

Limits on Compensation Received Through Lawsuits Against the Government

There are limits on how much compensation victims can recover from lawsuits against government entities. The compensation limits may vary between counties and municipalities, but for lawsuits against state government entities, the caps laid out in Georgia Code section 50-21-29 are:

• $1 million per person for a single incident
• $3 million per incident

These limits mean that, regardless of your injuries, you can only recover up to $1 million from the government. And if the incident harmed multiple people, the government is only liable for up to $3 million in total.

Contact Our Georgia Personal Injury Lawyers

If you suffered an injury caused by a government entity’s negligence in Georgia, contact Kaufman Injury Law for a free consultation with one of our experienced personal injury lawyers.