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DeKalb County, Ga. Personal Injury Lawyer Discusses Difficulty Filing a Tort Claim Against Government (Part B)

A DeKalb County, Ga. personal injury lawyer’s expertise regarding federal tort laws may prove extremely helpful when pursuing such a claim. An attorney familiar with this area of the law can evaluate your claim and help you gather all necessary documentation to ensure your claim is done right. 

Georgia Tort Claims Law 

The Georgia Tort Claims Act was created in 1992. Waivers of sovereign immunity and federal tort claims may be filed in the state, but only under certain circumstances and with distinct caps and limits set on damages. 

Specifically, the Georgia Tort Claims Act states: 

  • a person cannot be compensated more than $1 million per incident;
  • the state of Georgia is limited to $3 million in liability per incident, despite the number of parties involved;
  • written notice of the claim must be submitted within one year of the injury when suing the state or a county - if suing a local city or town, you must file the notice within six months; and
  • claims with a waiver of sovereign immunity may be brought against cities, counties or other government agencies. 

Process 

Filing a federal tort claim is a highly complicated legal process. To best ensure your case’s success, it is advisable to enlist the help of a DeKalb County, Ga. personal injury lawyer with experience in tort claims. Once you have established legal counsel, you will need to file a written notice of a claim informing the government entity of your injury and the plan to sue. 

Your notice must be sent via certified mail and should include: 

  • the name of the government entity you plan to sue;
  • the time, date, and place of the incident;
  • the nature of the injury;
  • the amount of damages and losses you are claiming; and
  • the specific act or negligence that caused your injury. 

This notice must be sent within 12 months of your injury. 

If you or a loved one has suffered injury or harm due to the negligence of a government entity or employee, you may be eligible to file a federal tort claim. Call 770-HURT-999 or 404-513-5415 to speak to a DeKalb County, Ga. personal injury lawyer at the Law Offices of Shane Smith now.


Shane Smith
Advocate for the Seriously Injured in Georgia