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Does the Ga ante litem statute apply when bringing suit against a county government for personal injury?

Conyers, GA |

O.C.G.A. 36-33-5 states "municipal corporation".
Are county governments considered a municipal corp. as stated in the afore mentioned statute? Webster's defines "municipality" as a city or town.

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Attorney answers 2


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 represented a party that had been mistreated by a county in the Atlanta area. We recovered a six-figure jury verdict. Please call me if you would like to discuss your case further.


For a suit against a county government in Georgia, you must present a claim in writing to county commission within 12 months from the date the claim arose, and prior to filing suit.

You should consult a Georgia attorney regarding the specific facts of your case.