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Yes, but Georgia's sovereign immunity rules make government claims technical. Cities can be sued under the Georgia Tort Claims Act framework with a six-month ante-litem notice (O.C.G.A. § 36-33-5). Counties have a twelve-month notice deadline (O.C.G.A. § 36-11-1). The state and its agencies fall under the Georgia Tort Claims Act with a twelve-month notice (O.C.G.A. § 50-21-26). Damage caps are low — generally $1,000,000 per person and $3,000,000 per occurrence for the state. Missing any procedural step bars the claim entirely.
Sovereign immunity is the legal doctrine that protects governments from being sued without their consent. Georgia waives that immunity in narrow categories — typically motor vehicle negligence, premises defects on government property, and certain employee acts within scope of employment.
Categories where sovereign immunity is NOT waived: discretionary acts (planning decisions, policy choices), most employment decisions, certain sovereign functions like emergency response. Even where immunity is waived, the government often raises 'official immunity' as an additional defense covering individual employees.
These cases are procedurally heavier than private cases. The ante-litem notice has to be perfect. The damages have to be documented within the statutory caps. The named defendant has to be the right legal entity. Engaging counsel quickly is more important here than in private cases because the deadlines are shorter.
This answer is general legal information, not specific legal advice. Pereira & Associates can review your particular facts in the free consultation. Schedule one →
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