What is ante litem notice in a Georgia injury claim?

Ante litem notice means “before the suit”: a written claim that must be given to a government before someone can sue it for an injury. Miss it and the claim can be barred, regardless of how strong it is. In Georgia the deadline depends on the government.

Government Time Delivery Must say Source
City 6 months from the event Mayor or chair of the council or commission, personally, by certified mail, or statutory overnight Time, place, extent of injury, negligence, specific dollar amount O.C.G.A. § 36-33-5
County 12 months after the claim accrues Presented to the county The claim § 36-11-1
State 12 months from when the loss was or should have been discovered Risk Management Division, by certified mail, overnight, or personal delivery; copy to the agency Agency, time, place, loss, amount, acts § 50-21-26

Three traps come up:

  • Minors. Dates v. City of Atlanta (2025) held that a child’s age doesn’t extend the six-month city period. Section 36-11-1, by contrast, gives minors 12 months after the disability ends for county claims.
  • Mixing them up. A road may look like a city street and belong to the state. A notice sent to the wrong government doesn’t protect a claim against the right one.
  • Suit timing. Against the state, suit can’t begin until a denial or 90 days after notice, § 50-21-26(b), and the notice and proof of delivery must be attached to the complaint, (a)(4). Against a city, the government has 30 days to act, and the limitation period is suspended meanwhile, § 36-33-5(c), (d).

A claim for a car crash with a local government vehicle has separate rules on damage limits under § 36-92-2.

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

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