Pre-Suit Notification For Claims Against the State of Georgia

Flag of GeorgiaIf anyone has a claim against the State of Georgia for personal injuries caused by a state employee’s negligence, notice must be given in writing, mailed by certified mail return receipt requested, to the Risk Management Division of the Department of Administrative Services. This is set forth in O.C.G.A. § 50-21-26(a)(2). Additionally, a copy shall be delivered personally to or mailed by First Class Mail to the State government entity involved. Content of the notice is governed by O.C.G.A. § 50-21-26(a)(5). As a general proposition, such an Ante-Litem Notice must state the extent of the claimant’s knowledge of the circumstances including the name of the government entity, the act or omission involved, the time and place of the alleged negligent act, the nature of the loss suffered, the amount of the loss claimed and the acts or omissions which caused the loss.As can be seen, Ante-Litem Notices against the State are governed by statute and if these statutes are not closely observed, a claim against a State government agency or employee can be lost altogether. While such claims must be given with in twelve (12) months from the date of the date the loss was discovered or should have been discovered, even if an attempt is made to file a pre-suit notice of loss within twelve (12) months, if the form is not sent in the correct way to the correct individuals, the claim can be time barred. Accordingly, once again, we urge all claimants who may have potential claims against a State government agency or employee to confer with counsel just as soon as possible so as to protect their interests.


About Steve Wisebram

At Finch McCranie, LLP, Steven R. Wisebram focuses his practice of law on serious personal injury cases and business litigation. Over the last 35 years, he has amassed significant civil and criminal trial experience during his career, which provides his clients a distinct advantage in both the courtroom and in negotiations. Beginning in 2005, Mr. Wisebram has been selected to Georgia’s Super Lawyers list.

Before becoming a partner with Finch McCranie, LLP, Mr. Wisebram served in several attorney positions with the federal government. He began his legal career in 1977 as legal counsel to a Congressional Committee on Standards of Official Conduct. In 1980 he served as an Assistant United States Attorney for the Northern District of Georgia for almost seven years. For the last three years of that position, he also served on the United States Department of Justice’s Organized Crime Drug Enforcement Task Force.

Mr. Wisebram is licensed in the District of Columbia and the state of Georgia. He is admitted to practice before the United States District Court for the Northern District of Georgia and the United States Court of Appeals for the Fifth Circuit and the Eleventh Circuit.

He is a graduate of Harvard University and Emory Law School.