A city garbage truck runs a red light on Ashford-Dunwoody Road. A county police cruiser rear-ends you on Memorial Drive. A state road crew leaves an unmarked trench on a GA-400 ramp. In each case the driver or worker was on the public payroll, and that changes the rules for your claim.
Before you can sue a Georgia city, county or state agency, you usually have to send a written ante litem notice, and the deadline for it is much shorter than the two-year statute of limitations most people have heard about. This post explains how ante litem notice in Georgia works, so a claim isn't lost to a missed letter.
What is ante litem notice in Georgia?
“Ante litem” means “before the lawsuit.” Georgia governments have broad immunity from being sued. The legislature has opened limited doors, and one condition of walking through them is giving the government formal written notice of the claim first.
The notice is not a casual email to a claims adjuster. It is a legal condition. Georgia courts have dismissed claims because the notice arrived late, went to the wrong office or left out something the statute requires. A strong claim can be lost on paperwork alone.
The three main deadlines
Which deadline applies depends on who owned the vehicle, employed the driver or maintained the road.
- A city: written notice within 6 months of the injury (O.C.G.A. § 36-33-5). In metro Atlanta that covers the City of Atlanta and cities such as Dunwoody, Sandy Springs, Brookhaven, Chamblee, Doraville and Decatur.
- A county: written notice within 12 months (O.C.G.A. § 36-11-1). Think DeKalb, Fulton, Gwinnett or Cobb County vehicles, including county police cars in unincorporated areas and in Tucker, which relies on DeKalb County Police.
- The State of Georgia: written notice within 12 months under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26). That covers state agencies such as the Georgia Department of Transportation, for example on I-285, GA-400 and other state routes.
Six months goes quickly when you are dealing with doctors, a rental car and missed work. If a government vehicle was involved in your crash, call (240) 421-5511 and Gary Huggins can tell you which deadline you are facing and how many days are left.
What the notice has to say
Each statute has its own requirements, and they are read strictly.
Claims against a city
The notice goes to the city's governing authority and must describe, as nearly as practicable, the time, place and extent of the injury and the negligence that caused it. Since a 2014 amendment, it must also state a specific amount of monetary damages being sought. In the 2025 case Dates v. City of Atlanta, a notice that left out a specific amount was found inadequate, and a later supplement came too late to save it.
That creates a real problem early on: you may need to name a number before your treatment is finished. The statute treats that amount as an offer to settle, and it does not bind you if the city turns it down, but the figure still deserves careful thought.
Claims against the State
Under the Georgia Tort Claims Act, the notice goes to the Risk Management Division of the Department of Administrative Services by certified mail or statutory overnight delivery, return receipt requested, or by hand delivery with a receipt. A copy also goes to the state agency involved. To the extent you know it, the notice should name the agency, when and where the incident happened, the nature and amount of the loss, and the acts or omissions that caused it.
You then generally cannot sue until the claim is denied or 90 days pass after the notice is presented. When the lawsuit is filed, the complaint must attach a copy of the notice and the delivery receipts.
Claims against a county
The county statute requires the claim to be presented within 12 months, or it is barred. County claims also raise separate immunity questions, especially for injuries involving county vehicles. Those questions are fact-specific, which is one more reason to get the notice right the first time.
Common situations in metro Atlanta
You might not realize a government is involved until you look at the crash report. Watch for these:
- Police and fire vehicles. City police in Dunwoody, Sandy Springs and Brookhaven, county police in unincorporated DeKalb and Gwinnett, and fire trucks responding to calls.
- Sanitation, utility and public works trucks. City and county crews work neighborhood streets every weekday.
- School buses. Buses owned by a county school system can raise their own immunity and notice issues.
- Road defects. Missing signs, broken signals, potholes and unmarked work zones may point to a city, county or GDOT, depending on who maintains that stretch of road.
- Transit. MARTA buses and trains involve special rules of their own. Read more on our Atlanta bus accident lawyer page.
Pedestrians and cyclists hit by government vehicles face the same deadlines. Our Atlanta pedestrian accident attorney page covers the rest of that kind of claim.
Notice is not the lawsuit
Sending the notice on time does not replace the lawsuit deadline. Most Georgia injury lawsuits must still be filed within two years of the injury (O.C.G.A. § 9-3-33). Our guide to the Georgia car accident statute of limitations explains how that clock runs and when it can pause.
So a government claim usually has two dates to protect: the notice deadline, and the filing deadline after it. The fault rules are the same as any other crash: under Georgia's 50 percent comparative negligence rule, you recover nothing if you are 50% or more at fault, and otherwise your award is reduced by your share.
What to do now if a government vehicle or road was involved
- Get the crash report and check who owned each vehicle. Our guide on how to get a crash report in metro Atlanta shows where to request it.
- Write down the date of the crash and count six months forward. Treat that as your first deadline until a lawyer tells you otherwise.
- Photograph the scene if you can safely go back, especially a road defect, before it is repaired.
- Keep every medical bill and record. They help support the amount stated in the notice.
- Don't sign anything a government claims office sends you until you have had advice.
Gary can draft and send the notice, confirm it reached the right office, and keep the lawsuit deadline on track while you focus on getting better. Call (240) 421-5511 to start.
Talk to a Perimeter Center injury lawyer about a government claim
Huggins Accident Injury Lawyer is at 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338, in Perimeter Center near I-285 and GA-400. Gary D. Huggins handles crash and injury claims across metro Atlanta, including claims against cities, counties and the State, and he can meet you at the office, by phone or video, or at home or in the hospital. He speaks English and Spanish.
If a city, county or state vehicle or road was part of what happened to you, don't wait for the six-month mark to get close. Call (240) 421-5511, day or night, for a free consultation, or learn more about our Atlanta car accident lawyer services.
Free consultation. Call (240) 421-5511 any time, or send the form and Gary’s office will call you back.
Frequently asked questions
What is an ante litem notice in Georgia?
It is a written notice of your claim that Georgia law requires before you can sue a city, a county or the State. The words are Latin for “before the lawsuit.” The notice tells the government what happened, where and when, how you were hurt and, for a city or the State, what amount you are claiming. If the notice is late, sent to the wrong office or missing required details, a court can throw out the claim even when the government was clearly at fault.
How long do I have to give notice to a city in Georgia?
Six months from the date of the injury under O.C.G.A. § 36-33-5. That applies to cities such as Atlanta, Dunwoody, Sandy Springs, Brookhaven and Doraville. In 2025 the Georgia Supreme Court held in Dates v. City of Atlanta that the rule pausing deadlines for injured children does not extend this notice deadline, so a parent should act within six months even when the injured person is a minor.
Do I still have two years to file a lawsuit if I send the notice on time?
Generally, yes. The ante litem notice is a separate step that comes first; the lawsuit itself still has to be filed within Georgia's limitations period, which is two years for most injury claims (O.C.G.A. § 9-3-33). Claims against the State also have a waiting period after the notice before suit can be filed. Missing either deadline can end the claim, so both dates belong on the calendar from day one.
Is a MARTA bus crash handled the same way as a city claim?
Not exactly. MARTA is a public transit authority, and claims against it and other public transit systems can involve special notice rules, immunity questions and shorter deadlines. Don't assume the city or county rules apply. If you were hurt on or by a MARTA bus or train, write down the route, bus number and time, keep your Breeze card record if you have one, and call a lawyer right away.