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Depends on which government entity. Six months from the date of injury for claims against a Georgia municipality (O.C.G.A. § 36-33-5). Twelve months for claims against the State of Georgia or its agencies under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26). For counties, the deadline is also twelve months under O.C.G.A. § 36-11-1. Missing the ante-litem notice forfeits the entire claim, even if the standard two-year statute of limitations under O.C.G.A. § 9-3-33 hasn't run.
Ante-litem notices are technical filings. They must contain specific content: the time, place, and circumstances of the loss; the amount of damages claimed; the negligence alleged. Defective notices have been thrown out for missing a single required element. They must also be sent to the right person — typically the city clerk or the relevant agency head, not just any official.
The deadlines are absolute. Georgia courts have repeatedly enforced them strictly even in sympathetic cases. There is no general 'discovery rule' exception that delays the ante-litem clock for hidden injuries.
If you suspect a government vehicle, government property, or government negligence may have caused or contributed to your injury, treat the ante-litem deadline as the operative one and engage counsel immediately.
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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