Yes, ante litem notice is typically required before suing a municipal corporation or county. Ante litem notice is usually not required when suing for violations of federal civil rights, however. Essentially, ante litem notice provides notice to the county of a pending claim or potential filing of a lawsuit. In addition, remember that county officials are usually entitled to certain immunities, but their protection is not unlimited. In 2008, I helped try a case in front of a jury where we...
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I would be happy to talk to you about your daughter's situation. Insurance companies are more responsive when the potential for a bad-faith failure to pay claim is on the horizon. We are located in Atlanta and can be reached at 404-522-1500 or www.winstonbriggslaw.com.
I am sorry to hear about your daughter in law. There is a lot more information that we would need before being able to properly evaluate whether or not you may have a claim. But if you or your daughter told the medics that she couldn't breathe and they did not appropriately respond with ventilation until thirty minutes later, you may have some legal recourse. Our firm is located in Atlanta also and we would be happy to discuss this with you further if you wish. 404-522-1500.
I'm sorry to hear about this. How long ago did this happen? It sounds like it may be a couple of years. Unfortunately, as Howard points out, there is no short answer to your question - it does depend on a lot of factors, but you may still have a case. If you would like to discuss this further, we would be happy to talk with you. We're located in Atlanta. 404-522-1500. Robert