The Georgia Supreme Court soon will be called on to decide just how much personal injury plaintiffs must tell the state before they sue it.
At issue is the state’s ante litem notice requirement. Found in the Georgia Tort Claims Act, which sets the circumstances under which the state waives its sovereign immunity, the rule says that before filing a tort suit against the state, the plaintiff must give written notice of his or her claim to the state within 12 months of discovering the injury. Among other things, the notice must include “to the extent of the claimant’s knowledge and belief and as may be practicable under the circumstances … the amount of loss claimed.”
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