If you or someone you love was injured by negligence, you can recover damages from the at-fault party, but what if the at-fault party is a government agency? What you need to know about the Georgia Tort Claims Act (GTCA) is that it allows you to sue a government agency. When the at-fault party is a government agency, you are required to provide them with written notice of your intent to sue within 12 months.
This notification is a critical part of your personal injury case. When our Atlanta personal injury lawyer represents you, they can help you meet this critical notification deadline. In addition to making notifications, they can assess the value of your case and seek appropriate compensation for your losses.
Required Elements of a Georgia Tort Claims Act (GTCA) Notification
In Georgia, government entities enjoy sovereign immunity, which protects them from lawsuits, but the GTCA allows accident victims to bypass this protection and pursue compensation. There are several guidelines that must be followed.
For one thing, GTCA guidelines do not end at the mandatory time limits. According to O.C.G.A. § 50-21-26, the written notice of claim must also contain all of the following elements:
- The name of the government agency
- The negligence that forms the basis of your case
- The date and time of the accident or incident
- The location where the accident occurred
- The nature of the resulting loss
- The amount of your compensation request
- The actions that led to the accident or incident
You can sue the government for personal injury if you meet all of the conditions listed above. On your own, it can be difficult to compile all the necessary information. The legal team at a local law firm can handle this time-consuming task on your behalf.
Required Elements of Negligence That Allow You to File Your GTCA Case
Any personal injury case against a private citizen, business, or government agency is only possible when the at-fault party is negligent. To prove that the party was negligent, your legal team will thoroughly investigate your accident. From their investigation, they will collect evidence that establishes the following elements:
- Duty of care: The at-fault party had a responsibility to act in a way that did not endanger you
- Breach of duty: The at-fault party failed in their responsibilities and placed you in danger
- Causation: Through their actions or inactions, you suffered injuries in an accident
- Damages: Your injuries resulted in financial losses
Your lawyer will build the strongest possible case file that supports your right to compensation. They will also determine the value of your case based on the value of your financial damages.
Evidence Your Lawyer Collects to Prove Negligence by the Government Agency
The at-fault government agency in your case will request proof of negligence. Your lawyer will build the strongest possible case file for you, which could include:
- Accident report
- Accident scene photos
- Expert testimonials
- First responder reports
- Injury photos
- Medical records
- Video footage
- Witness statements
Your lawyer will submit your evidence that proves negligence under Georgia law to the appropriate insurance company. They will then leverage the weight of the evidence toward a fair settlement. If they cannot reach an agreement with the insurance company, they will take your case to trial.
For a free legal consultation, call 404-214-2001
Damages You Can Request by Meeting the GTCA Notification Deadline
An accident can have immediate and far-reaching financial hardship. While each injured party will have a unique case value, there is a $1 million limit on a claim for damages that a plaintiff could be awarded, per O.C.G.A. § 50-21-29. There could be exceptions in your case. A personal injury lawyer will explain the types and amounts of compensation you can request.
Types of compensation your lawyer will request could include:
- Accident-related medical bills
- Accident-related loss of income
- Treatment-related travel costs
- Property repair or replacements
- Diminished property value
- Impairment or disfigurement
- Physical pain and suffering
- Mental and emotional anguish
- Diminished quality of life
Families who lost a loved one can also recover wrongful death damages. These typically include your loved one’s funeral and burial expenses and your loss of their financial support. It could also include loss of companionship, consortium, and guidance.
Evidence That Proves the Value of Your GTCA Personal Injury Case
Your lawyer will also collect evidence that proves the value of your compensation request. It will include:
- Medical bills
- Proof of income
- Property repair estimates
- Property replacement estimates
The case assessment team at the law firm handling your case will handle evidence collection rather than asking you or your family to take on this daunting task.
The Benefits of Hiring a Personal Injury Lawyer to Manage Your GTCA Case
In the state of Georgia, you can represent yourself when filing a personal injury claim or lawsuit. Although, doing so can be complicated and stressful. Your case could benefit in many ways when you hire a personal injury lawyer to represent you. They will:
- Review all official reports related to your case
- Assess your potential recoverable damages
- Conduct an independent investigation
- Search for photos and video footage
- Consult an accident reconstruction specialist
- Handle verbal, written, and virtual communication
- Complete and submit legal and insurance forms
- Answer any case-related questions and concerns
- Provide ongoing updates on the progress of your case
- Negotiate a fair and appropriate financial settlement
- Represent you on a contingency fee basis
A lawyer can help you handle complex cases like multi-party accidents and cases involving the government.
Personal Injury Cases That Could Involve the Georgia Tort Claims Act (GTCA)
A car accident can be caused by a road defect, design flaw, or unfavorable road conditions. It could also just be a negligent driver. In these kinds of accidents, you might be able to pursue a government agency for compensation. Additional personal injury cases that might require compliance with GTCA laws include:
- Truck accidents
- Motorcycle accidents
- Wrongful death
- Premises liability
- Slip and fall accidents
- Pool accidents
- Boating accidents
Most personal injury law firms offer free case reviews. They will listen to your version of events, explain the merits of your case, and clarify the steps they will take to build the best possible case on your behalf.
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Get Help Complying With the Georgia Tort Claims Act (GTCA) Notification
If you or a loved one was injured due to the negligence of a municipal or other government agency, you should know about the Georgia Tort Claims Act (GTCA). Our personal injury lawyer will help you understand its obligations and meet its notification deadline.
Get started seeking financial compensation by contacting our case evaluation team at Kaine Law today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
