A couple of decades ago it was next to impossible to successfully sue a state government entity in Georgia. Even today suing a state government entity can be complicated. However, Georgia lawmakers eventually passed the Tort Claims Act of 1992, a law to permit lawsuits against the state and make it possible for citizens to take action against government negligence.
Georgia Tort Claims Act of 1992
n 1992, the Georgia Tort Claims Act was signed into law. The legislation effectively ended the sovereign immunity protection the state had enjoyed against tortuous lawsuits. Before that, Georgia citizens were not allowed to sue state agencies or their employees in civil court.
The Tort Claims Act set out specific procedures and guidelines for private citizens or companies bringing suit against state agencies and entities. One of the primary initiatives of the law was to prohibit lawsuits against individual workers at a state entity. In order to address negligence by a state worker, plaintiffs must file suit against the agency which employs the individual.
Restrictions on the Georgia Tort Claims Act
The law also limits the amount of damages that a plaintiff can receive in lawsuits against the state. According to the act, no plaintiff may receive more than $1 million in damages from any one occurrence - even if several state agencies were involved. Also, a plaintiff cannot be awarded any punitive damages in state lawsuits.
The Tort Claims Act also spells out specific exceptions to the elimination of sovereign immunity against state lawsuits. Our article on filing personal injury claims against Georgia government entities goes into more detail about the Tort Claims Act and how it affects your claim.
Speaking with a qualified personal injury lawyer will help you determine if your personal injury claim against a Georgia entity can be pursued.
Contacting a Peachtree City Injury Attorney
As the victim of a Georgia accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, contact the Law Offices of Jason Schultz to schedule a no cost consultation of your case - 404-474-0804.