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How long do I have to file a tort claim in Georgia against a government employee?

Atlanta, GA |

I want to know how long do I have to file a tort claim against a government employee in the state of Georgia?

Attorney Answers 5


  1. If you are suing for something the person did while acting as a government employee, you would sue the govt. agency and the employee. Since the government is protected from most lawsuits by the doctrine of sovereign immunity you will need an experienced litigation atty. with specific knowledge of how to sue the govt., under what circumstances you can sue ( which are very limited), and what the statutes of limitations are. These may be different than the statutes that apply to a "standard" lawsuit because an ante litem notice must be given within a certain time before you can file a suit, if you can sue at all. You will find that pursuing this type of specialty case without expert legal guidance is almost to do properly. Get a lawyer. Good luck.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.


  2. Please post more facts


  3. If you are inquiring of the statute of limitations to file suit it depends on the nature of the claim. If the tort involves a personal injury you have 2 years from the incident date to file suit. If your claim involves slander or defamation you have 1 year from the event date to have a suit filed. As stated in other answers if your claim arises from the actions of the employee acting in her official capacity with the state agency you must give written notice within 12 months to the Risk Management Divisison of the Department of Administrative Services or you could possibly lose your cause of action. Please retain an attorney to perform this service for you. Good Luck!


  4. The time limitations depend upon the nature of the claim and the public entity that employed this person. As a general rule, a tort claim under state law against a govt employee is subject to a two year statue of limitations. That is also true of most ( but not all) federal claims in the civil rights context. (Employment discrimination claims are excluded from this response).

    If you intend to sue a city, county or state govt, as well as e individual, you must file an Ante Litem notice within 6 mo (city); 12 mo (county) or 12 mo (state). You must follow specific guidelines to preserve these claims.

    Finally, you should be aware that the govt entity will be entitled to sovereign immunity in many instances and the individual employee will claim official immunity.

    I encourage you to speak with a lawyer with experience handling claims against govt entities.

    This response is provided for informational purposes only. It is not a consultation and is not legal advice. You should not act or fail to act in reliance upon the information provided in this response. This communication does not establish an attorney-client relationship between you and our Firm. You should always consult with an attorney prior to taking any action with regard to a potential legal problem.


  5. I think it is also important to note which "government" you are referring. City, County, State or Federal. In addition to a statute of limitations, there is an ante litem statute or notice that must be observed and complied to. What this means is for a City entity, you only have 6 months to give them notice of a potential claim, otherwise you cannot ever bring a claim forward. It is 1 year for Counties and the State of Georgia.

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