Claims against the government in Georgia
Hurt by a city truck, a county road crew or a state agency? Special rules apply, and some deadlines are measured in months.
Last updated: October 6, 2026
Sovereign immunity, in plain words
Georgia governments can’t be sued unless the law waives their immunity. Waivers exist, but each one has its own conditions, notice rules and limits.
| Defendant | Main waiver | Notice deadline | Damage limits |
|---|---|---|---|
| The State and its agencies | Georgia Tort Claims Act | Written notice within 12 months of the loss (or when it was or should have been discovered) | $1 million per person; $3 million per occurrence; no punitive damages |
| Counties | Mainly motor vehicle claims, up to set limits | Claim presented within 12 months | Limits set by statute |
| Cities | Motor vehicle claims and certain other duties, up to set limits | Written notice within 6 months | Limits set by statute |
What the State notice must include
- The name of the agency and the place and time of the incident
- What happened and the nature of the loss
- The amount of loss claimed, if known
- Delivery to the Risk Management Division of the Department of Administrative Services, with a copy to the agency involved
The written notice to the city has to arrive within six months, about September 1. Waiting for the usual two-year deadline could lose the claim against the city.
Illustration only, with made-up facts. Your case depends on its own facts.
Questions
Is the deadline two years for government claims?
The lawsuit deadline is generally two years, but notice to a city (6 months), county (12 months) or the State (12 months) comes first.
Do school districts follow the same rules?
Not always. School districts have their own immunity rules. Ask before assuming a deadline.
Official sources
Look up each section in the Official Code of Georgia Annotated (free public access). Laws change; always read the current text.
- O.C.G.A. § 50-21-26 (State notice) — Official Code of Georgia
- O.C.G.A. § 50-21-29 (State caps) — Official Code of Georgia
- O.C.G.A. § 36-11-1 (counties) — Official Code of Georgia
- O.C.G.A. § 36-33-5 (cities) — Official Code of Georgia
- O.C.G.A. § 36-92-2 (motor vehicle limits) — Official Code of Georgia
- Georgia DOAS — Risk Management Division
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