Want to Sue the Government? Read This First.

Imagine this scenario: You’re driving along, minding your own business, when you come to a four-way stop. You stop and then proceed through the intersection. Unbeknownst to you, a Georgia Department of Transportation maintenance truck is approaching from the other road and, instead of stopping, runs the stop sign and collides with your car, causing you severe injuries. Under normal circumstances, you would have the same legal rights as you would after any motor vehicle accident, but since the other driver in this case is a state employee, things get a little more complicated. The state of Georgia allows personal injury suits against itself under some circumstances, but such claims tend to be more complex than ordinary actions. If you’ve been injured by a state actor, you will need experienced and competent representation by a Tifton personal injury lawyer. 

How Sovereign Immunity Works 

Sovereign immunity means that a sovereign (i.e., the State of Georgia for our purposes) cannot be sued without its consent. The United States inherited this ancient legal doctrine from England, and in Georgia, it is codified at Art. 1, Sec. II, Para. IX of the Georgia Constitution. But sovereign immunity holds only that the government cannot be sued without its consent. In Georgia, that consent comes in the form of the Georgia Tort Claims Act (GTCA), which allows certain suits against the state (See 50-21-20). 50-21-20.)The GTCA, however, only partially waives sovereign immunity, and even under those circumstances, plaintiffs must meet strict conditions to take advantage of that waiver. As such, plaintiffs seeking to sue the State of Georgia must ensure that their claims meet the statutory criteria and comply with its procedural requirements, as outlined below. 

Allowable Claims Against the State of Georgia  

The GTCA waives 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.” Sounds pretty broad, right? Wrong. 

The state retains its sovereign immunity for legal claims based on: 

• Acts or omissions by state officers or employees exercising due care in the execution of a statute, regulation, rule, or ordinance
• The exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a state officer or employee
• The assessment or collection of a tax or the detention of goods or merchandise by any law enforcement officer
• Legislative, judicial, quasi-judicial, or prosecutorial action or inaction
• Administrative action or inaction of a legislative, quasi-legislative, judicial, or quasi-judicial nature
• Civil disturbances, riots, insurrections, etc. 
• Intentional torts (e.g., assault, battery, false imprisonment, etc.)
• Plans or designs for the construction of or improvement to highways, roads, streets, bridges, or other public works
• Inspection powers or functions
• Licensing powers or functions
• Financing regulatory activities
• Activities of the Georgia National Guard

On the other hand, plaintiffs may sue the state for legal claims based on: 

• Premises liability involving government buildings
• Slips and falls on public sidewalks and other walkways
• Car accidents caused by defective road conditions
• Car accidents caused by the negligence of a government employee’s driving
• Medical malpractice by government medical facilities
• Wrongful death involving the acts of a government employee

Keep in mind, however, that this is not an exhaustive list. Furthermore, some legal claims fall into gray areas between those for which the state has waived sovereign immunity and those for which it has not. You should thus speak to a Tifton personal injury lawyer to determine whether your potential claim is or is not allowed by the GTCA. 

Notice Requirements 

Before you sue the state or a department or agency thereof, you must first provide the state with advance notice of your intent to do so (known as “ante litem”). The deadline to provide that notice is 12 months from the date of your injury or the date you should have discovered your injury. The ante litem notice must include the following elements: 

1. The name of the state government entity
2. The acts or omissions that form the basis of the claim.
3. The time of the occurrence.
4. The place of the occurrence.
5. The nature of the loss suffered.
6. The amount of the loss claimed.

The ante litem notice must be in writing and delivered either in person or sent via certified mail to the Department of Administrative Services Risk Management office and the state department or agency that you allege caused your injury. Once you file your ante litem notice, the state has 90 days to respond. You may then file your lawsuit after (a) the expiration of the 90-day period or (b) the date on which the state denies your claim. The statute of limitations for claims against the state is two years. 

As you can see, lawsuits against the State of Georgia are subject to different procedural requirements than standard personal injury claims, which is why it would be in your best interest to work with a Tifton personal injury lawyer if you are considering such a claim. 

Damages Caps 

Under the normal rules of personal injury law, there are very few limitations on the amount of damages a successful plaintiff can receive, but that is not the case for suits against the State of Georgia. For most personal injury claims against the state, damages are capped at $1 million per person and $3 million per occurrence. Furthermore, the GTCA does not allow for punitive damages or pre-judgment interest. 

Hold the State Accountable With Help From a Tifton Personal Injury Lawyer 

The State of Georgia enjoys immunity from most kinds of lawsuits, but it is nonetheless subject to personal injury claims when its employees negligently cause injuries. Whether your lawsuit is against the state itself or a county or city within it (including school districts), you will need competent legal counsel to succeed. To discuss a potential claim, please contact a Tifton personal injury lawyer at the Hudson Injury Firm by calling 229-396-5848 or using our online form.