When a wrongful death claim is brought against a Georgia city or county, the law requires a formal written notice to be delivered to the government before any lawsuit is filed. This pre-suit notice is called an ante litem notice, a Latin phrase meaning “before the lawsuit.” The requirements differ depending on whether the defendant is a municipality or a county. This guide explains the ante litem notice rules that apply to wrongful death claims against Georgia city and county governments.
Why Ante Litem Notice Exists
Georgia governments are generally protected by sovereign immunity, which limits the circumstances under which they can be sued. Where a claim against a local government is permitted, the law conditions the right to sue on first giving the government advance written notice of the claim. The purpose is to allow the government an opportunity to investigate the facts while they are fresh and to consider resolving the matter before litigation begins.
Ante litem notice is a strict prerequisite. Georgia courts treat compliance as a condition that must be met. A wrongful death claim against a city or county can be dismissed if the required notice was not given correctly and on time, regardless of the underlying merits.
Notice to a Municipality
Claims against a city or other municipal corporation are governed by O.C.G.A. § 36-33-5.
The deadline is six months. The notice must be presented within six months of the event giving rise to the claim. In a wrongful death case, the claim is based on the death itself, so the six-month period is generally measured from the date of death rather than from the date of an earlier injury that later led to death.
The notice must be in writing and must contain specific content. The statute requires the notice to state the time, place, and extent of the injury, as far as practicable, and the negligence that caused it. The notice must also state the specific amount of monetary damages being sought. Under the statute, the amount stated functions as an offer of compromise that the city may accept. Georgia courts have applied the content requirements strictly, and a notice that omits required information can be found insufficient.
The notice must be delivered properly. The statute calls for delivery to the governing authority of the municipality. Delivery is generally made to the mayor or to the chairperson of the city council or commission, and the statute addresses the method of delivery, including delivery by certified mail or statutory overnight delivery.
After the notice is presented, the municipality has a period to consider the claim, and the statute addresses how the limitation period is affected during that consideration.
Notice to a County
Claims against a county are governed by a different statute, O.C.G.A. § 36-11-1.
The deadline is twelve months. The statute provides that all claims against a county must be presented within twelve months after they accrue or become payable, or the right to bring them is barred. For a wrongful death claim, the accrual is generally tied to the date of death.
The content rules are less detailed than the municipal statute. O.C.G.A. § 36-11-1 does not spell out a list of required content the way the municipal statute does, and it does not by its terms require a specific dollar amount. The statute does require that a claim actually be presented to the county within the twelve-month period.
The notice must be presented to the proper county authority. The claim is presented to the county’s governing authority, which in most counties is the board of commissioners.
Key Differences Between City and County Notice
The two regimes differ in several important ways. The municipal deadline is six months, while the county deadline is twelve months. The municipal statute imposes detailed content requirements, including a specific monetary demand, while the county statute does not contain the same itemized content list. Because a wrongful death claim may potentially involve more than one government entity, the applicable statute and deadline depend on which entity is involved, and the shorter municipal period is the more time-sensitive of the two.
Additional Considerations
Several points add nuance to these rules.
A wrongful death claim and a related survival action arising from the same death are separate causes of action, and notice considerations may apply to each.
If a claim involves a state agency or department rather than a city or county, a different statute, the Georgia Tort Claims Act, governs the notice requirements, with its own deadlines and content rules. Hospital authorities and certain other local entities are treated under their own rules and are not part of the State Tort Claims Act.
Georgia appellate courts continue to issue decisions interpreting the ante litem statutes, and the application of these rules to particular facts can be nuanced. The calculation of deadlines, the sufficiency of content, and the proper recipient have all been the subject of litigation.
Conclusion
Ante litem notice is a mandatory pre-suit step for wrongful death claims against Georgia city and county governments. Claims against a municipality are governed by O.C.G.A. § 36-33-5, which sets a six-month deadline and requires detailed content, including a specific monetary demand delivered to the city’s governing authority. Claims against a county are governed by O.C.G.A. § 36-11-1, which sets a twelve-month deadline and requires that the claim be presented to the county’s governing authority. Because Georgia courts enforce these requirements strictly, failure to comply correctly can bar an otherwise valid wrongful death claim.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.