A fall on a city sidewalk or a crash caused by a road defect follows different rules than a claim against a private driver. Georgia requires written notice to a city before a lawsuit, and a separate deadline applies to claims against a county. We explain both so Douglasville residents can protect a claim before the clock runs out.
Georgia Requires Written Notice Before Suing a City
O.C.G.A. section 36-33-5 applies to a claim for money damages against a city for an injury to a person or property. The claim must be presented in writing to the city’s governing authority within six months of the event. Six months passes quickly during recovery, so the notice date deserves attention right away.
The Notice Must Include Specific Details
The written claim must state the time, place, and extent of the injury as nearly as practicable. It must also describe the negligence that caused the injury. A vague letter that leaves out one of these items can create a problem later. We draft notices from the medical records and the scene evidence so each item is supported.
The Dollar Figure Is an Offer
The statute requires the description of the injury to include the specific amount of monetary damages sought from the city. That amount is treated as an offer of compromise, and the claimant isn’t bound by it if the claim is litigated. Choosing the number is hard when treatment is still going on.
Delivery Goes to the Mayor or Council Chair
The notice must be served on the mayor or the chairperson of the city council or city commission. Delivery can be by personal service, certified mail, or statutory overnight delivery. The governing authority has thirty days to act on the claim, and its action doesn’t bar a lawsuit unless the claim is settled.
The statute of limitations is suspended while a demand is pending without action. That rule helps a claimant, but it doesn’t replace the six-month notice, and the suspension applies only after a demand exists. We calendar both dates.
Counties Follow a Twelve-Month Rule
O.C.G.A. section 36-11-1 says all claims against counties must be presented within twelve months after they accrue or become payable, or they’re barred. Minors and people with a legal disability get twelve months after the disability ends. Whether a claim runs against a city or a county depends on who owns or controls the property, and that question is worth settling first.
Early Records Support the Notice
A notice is easier to write when the facts were recorded early and kept in one place. Hazards get repaired and witnesses move away, so early notes carry real value. Records worth gathering include:
- Photographs of the hazard, the location, and any warning signs
- Incident reports and the names of city or county employees who responded
- Medical bills and treatment notes
- Witness names and phone numbers
Our Douglasville personal injury lawyer team uses these records to write a notice that meets each requirement. We confirm the deadline before anything else is done. A missed date can end a claim before the injuries are reviewed.
A severe injury makes the six-month window harder to meet because treatment is still underway. Our Douglasville catastrophic injury lawyer team prepares the notice with the information available and keeps the file current. The figure in the notice can be revisited if the claim is litigated.
Public Places Raise Their Own Questions
A fall on public property raises questions about who knew of the hazard and for how long. Photographs of the exact spot matter in falls in public places. Conditions change quickly, and a repaired sidewalk can erase the evidence.
Our Douglasville premises liability lawyer team looks at who controlled the property and what notice that owner had. The answer decides which entity receives the claim. We trace ownership through public records.
A person hit while crossing a street near a city facility has similar questions. Our Douglasville pedestrian accident lawyer team reviews the roadway, the signals, and the driver’s conduct. A broken signal can point to a city or county defendant.
Road Defects Raise Separate Questions
A crash caused by a road defect or a city vehicle follows the same notice rule. Our Douglasville car accident lawyer team checks who maintained the roadway and who drove the vehicle. That answer decides where the notice must go.
Working With Our Firm
Council & Associates, LLC represents injured people, and founder Lashonda Council-Rogers is a member of the American Bar Association and the National Association of Bond Lawyers. The firm’s attorneys bring more than twenty years of experience to these claims. A notice deadline is easy to miss while recovery takes priority, and Douglasville residents hurt on public property can reach out to us to confirm the date that applies.