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Sovereign Immunity

If you were hurt in Georgia because of someone else’s negligence, you might assume you can always file a lawsuit for damages. That assumption is not always correct. When the party responsible is a state agency, county, city, or government employee, sovereign immunity often comes into play.

Sovereign immunity is a powerful legal defense that shields the government from lawsuits in many situations. However, Georgia law also contains important exceptions and waivers that can open the door to recovery in certain cases.

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What Is Sovereign Immunity?

Sovereign immunity is the principle that the government cannot be sued without its consent. It stems from the old idea that “the king can do no wrong.” Today, it means that the state of Georgia and its counties, cities, and agencies are usually immune from lawsuits unless a law specifically allows them.

In a personal injury context, this rule can make it very difficult to recover damages if your accident involves a government entity. Without a sovereign immunity waiver in place, courts will dismiss your case even if the evidence of government negligence is clear.

How Does Sovereign Immunity Work in Georgia?

The Georgia Constitution reaffirms sovereign immunity, and the legislature has the authority to create waivers. The most important waiver is found in the Georgia Tort Claims Act (GTCA). This law allows people to sue the state and its agencies under limited circumstances.

The GTCA covers certain negligence claims, but it also sets strict boundaries:

The law only applies to state-level agencies, not counties or cities.
Damages are capped at $1 million per person and $3 million per incident.
Claims must be filed within very short deadlines, or they will be barred.

Counties and cities in Georgia are treated separately. They maintain their own immunity unless a statute or local ordinance waives it. For example, some local governments waive immunity when they purchase liability insurance, but only up to the limits of that coverage.

Are There Any Exceptions?

Although the general rule favors immunity, injured parties can pursue compensation claims against the government in many situations in Georgia.

Some of the more common exceptions include:

Car accidents: If you are struck by a government vehicle, such as a state-owned car or a city bus, you may be able to bring a claim under a waiver.
Dangerous property conditions: Public property owners can sometimes be held liable if unsafe conditions cause injuries and a waiver applies. This might involve a fall at a government building or a hazard in a public park.
Insurance coverage: When a government agency purchases liability insurance, it may waive its immunity up to the policy amount.

These exceptions sound straightforward, but they are often complex in practice. As the plaintiff, you will have the initial burden of proof to prove your case, including demonstrating that sovereign immunity does not apply.

Special Filing Rules That May Apply

Claims against the government in Georgia follow rules much stricter than regular personal injury cases.

Take note of the following:

Under the GTCA, you typically must provide written notice of your claim to the appropriate agency within 12 months of the injury.
If you are suing a city, you may need to give notice within six months.
If your claim is against a county, you might have 12 months to give notice.

If you miss the applicable time limit(s) for your case, you could lose your right to recover compensation altogether. It’s critical to contact a personal injury attorney for a free consultation as soon as possible if you believe you may have a case against a government entity.

How a Personal Injury Lawyer Can Help With Your Government Tort Claim in Georgia

Cases involving sovereign immunity are some of the most complicated personal injury matters in Georgia.

A lawyer can help by:

Reviewing your case to determine whether a waiver of sovereign immunity applies
Ensuring your ante litem notice is filed on time and in the correct format
Identifying all potential defendants, including private contractors who may not have immunity
Calculating damages within the limits set by law
Negotiating with government insurers or litigating in court when necessary

Small mistakes can result in losing your right to pursue money damages in these cases. At the end of the day, hiring an experienced Georgia personal injury lawyer gives you the best chance of success.

Contact an Augusta Personal Injury Lawyer for a Free Consultation

Sovereign immunity can feel like an impossible barrier, but it does not always prevent injured people from pursuing claims. Georgia law contains waivers and exceptions that may allow you to seek compensation for both your economic and non-economic damages. However, you’ll almost certainly need an experienced attorney on your side to make that happen.

Reach out to an Augusta personal injury lawyer today to schedule a free consultation. Most attorneys in this area of the law work on contingency, so they only get paid if they successfully handle your case.