When someone is injured in a Georgia car accident, they have the right to file a case against the driver they believe to have been at fault. Normally, the Georgia Rules of Civil Procedure govern these claims, providing standard timelines for the filing of a case. However, when a plaintiff’s case is proceeding against a government defendant, there are additional requirements that must be followed.
Under Georgia Code § 36-33-5, written notice must be provided to the agency that the plaintiff intends to name as a defendant. The statute requires that the notice include the time, place, and extent of the injury suffered by the plaintiff. In addition, the plaintiff must explain how they believe the government defendant was negligent. In 2014, a new sub-section was added, requiring plaintiffs to also “include the specific amount of monetary damages being sought from the municipal corporation.”
In a recent Georgia personal injury lawsuit, the court discussed the application of this new section to a plaintiff’s case that arose from an accident occurring before the section had been passed.