Before you can sue a Georgia government over an injury, you generally have to give written notice of the claim, called ante litem notice. For a city, it's due within 6 months (O.C.G.A. § 36-33-5). For a county, claims must be presented within 12 months (§ 36-11-1). For the State of Georgia or a state agency, notice is due within 12 months to the Department of Administrative Services Risk Management Division, with a copy to the agency involved (§ 50-21-26). A late or defective notice can end the claim, so if you're not sure which government is responsible, work to the shortest deadline.
A city garbage truck runs a stop sign. A county road has a washout nobody fixed. A state vehicle merges into your lane. Each can lead to an injury claim, but each runs on different notice rules, and they start well before the two-year lawsuit deadline that applies to most Georgia injury claims.
This guide compares the three notice rules side by side. It's a starting point, not a substitute for advice on your own claim, because government claims have other special rules, including immunity, that this page doesn't cover.
First, figure out which government is involved
The deadline depends on who owns the vehicle or maintains the road, and that isn't always obvious. A road that looks like a county road may now belong to a city, which changes the notice deadline from 12 months to 6. Some newer cities, such as Sandy Springs, Johns Creek, Dunwoody, Brookhaven, and Tucker, took over streets that used to be county roads.
Athens-Clarke County is a consolidated city-county government. It isn't settled on the face of the statutes whether the 6- or 12-month rule governs a claim against it, so the safe course is to work to six months.
If you're not sure, assume the shortest deadline applies and get advice early.
A city or town: 6 months (O.C.G.A. § 36-33-5)
Anyone with a claim for money damages against a Georgia municipality for injury to a person or property must give written notice before suing, within six months of the event.
- What it must say: the time, the place, and the extent of the injury, as nearly as practicable, and the negligence that caused it.
- A specific dollar amount: the notice must include the specific amount of money damages sought. That amount is treated as an offer to settle and doesn't limit what you can ask for later in a lawsuit.
- Where it goes: to the mayor, or to the chair of the city council or commission, by personal delivery, certified mail, or statutory overnight delivery.
- What happens next: the city's governing authority has 30 days to act on the claim. While the claim is pending without action, the statute of limitations is suspended.
A county: 12 months (O.C.G.A. § 36-11-1)
All claims against counties must be presented within 12 months after they accrue, or they are barred. People under a legal disability, such as minors, have 12 months after the disability is removed.
Unlike the city and state statutes, § 36-11-1 doesn't list what the notice must contain or exactly how it must be delivered. That's a reason to get advice on the content and the recipient, not a reason to wait.
The State or a state agency: 12 months (O.C.G.A. § 50-21-26)
Claims against the state, such as a crash with a state vehicle, fall under the Georgia Tort Claims Act. Written notice is due within 12 months of the date the loss was discovered or should have been discovered.
- Where it goes: to the Risk Management Division of the Department of Administrative Services, by certified mail or statutory overnight delivery with a return receipt, or by personal delivery with a receipt. A copy also goes to the state agency involved, by personal delivery or first-class mail.
- What it should say, to the extent you know it: the state agency involved, the time and place of the loss, the nature of the loss, the amount claimed, and the acts or omissions that caused it.
- Before you sue: no lawsuit can be filed until the claim is denied or 90 days have passed after the notice was filed, and the complaint must attach a copy of the notice and the delivery receipt.
Why notice problems end claims
These notice rules are strict. A notice that arrives late, goes to the wrong official, or leaves out required information can bar a claim that would otherwise be valid. Talking with the government's insurer or adjuster is not the same as giving the notice the statute requires.
Notice doesn't replace the lawsuit deadline, either. Most Georgia injury lawsuits must still be filed within two years of the injury (O.C.G.A. § 9-3-33). See how long you have to file.
What to do now
- Write down the vehicle's markings, unit or tag number, and the driver's name if you have them.
- Photograph the road defect, sign, or signal, and note the exact location.
- Get the crash report. See how to get your Georgia crash report.
- Keep every medical record and bill.
- Count your deadline from the date of the crash, and talk to a lawyer well before six months have passed.
Georgia government notice rules at a glance
| City or town | County | State of Georgia | |
|---|---|---|---|
| Deadline | 6 months from the event | 12 months after the claim accrues | 12 months from when the loss was discovered |
| Statute | O.C.G.A. § 36-33-5 | O.C.G.A. § 36-11-1 | O.C.G.A. § 50-21-26 |
| Sent to | The mayor, or the council or commission chair | Not specified in the statute | DOAS Risk Management Division, with a copy to the agency |
| Delivery | Personal delivery, certified mail, or statutory overnight | Not specified in the statute | Certified mail or statutory overnight with return receipt, or personal delivery with a receipt |
| Dollar amount | A specific amount is required | Not specified in the statute | The amount of the loss claimed |
| Before you can sue | The city has 30 days to act | Not specified in the statute | Denial, or 90 days after notice |
Frequently Asked Questions
How do I file a claim against a city or county in Georgia?
By giving written notice of the claim before you sue. For a city, it's due within 6 months and goes to the mayor or the council or commission chair (O.C.G.A. § 36-33-5). For a county, claims must be presented within 12 months (§ 36-11-1).
What is ante litem notice?
It's the written notice of a claim that Georgia requires before you can sue a city, county, or the state. The deadlines are much shorter than the two-year lawsuit deadline, and a late or defective notice can bar the claim.
What if I'm not sure which government owns the road or vehicle?
Work to the shortest deadline, six months, until you know. Some roads that look like county roads belong to cities, and Athens-Clarke County's consolidated government is a case where the safe course is to work to six months.
Does talking to the government's insurance adjuster count as notice?
No. The statutes require written notice with specific content, delivered to specific officials in specific ways.
Sources
This guide is general information about Georgia law as of November 11, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Talk to a lawyer about your situation before you rely on a deadline or rule described here.