Why Georgia Law Requires You to Allege “Specific Damages” When Filing a Personal Injury Claim Against a Municipality

Immediately following a car accident, the victim is unlikely to know exactly how much their potential financial and other losses are. Even when filing a personal injury lawsuit, damages may be alleged in terms of broad estimates of the plaintiff’s losses. Unfortunately, when a personal injury claim is made against a state or local governmental entity in Georgia, more specificity is required

Court of Appeals: Garbage Truck Accident Victim Served Deficient Notice

Personal injury claims against the government fall under a different set of rules than those made against individuals and private companies. Among other requirements, a claimant must give advance written notice to the local governing authority before filing a lawsuit. This notice must describe the nature of the claimant’s accident and injuries, as well as “the specific amount of monetary damages being sought.” This amount is considered an “offer in compromise,” which the municipality can accept or reject.

The Georgia Court of Appeals recently elaborated on this specificity requirement in greater detail. In City of College Park v. Steele, a city garbage truck backed into another vehicle, injuring its occupant, who is the plaintiff in this case. Four months later, the plaintiff served the city with the required pre-suit notice. With respect to damages, the plaintiff alleged she incurred medical expenses of “approximately $100,000” and non-economic damages (pain and suffering, emotional trauma, et al.) of $20,000.

The plaintiff subsequently filed a lawsuit against the city. The city moved to dismiss, arguing the pre-suit notice did not meet the statutory requirement to provide a “specific amount” of damages. The trial judge disagreed and denied the motion to dismiss.

The Court of Appeals reversed, however, agreeing with the city that the plaintiff’s notice was legally unacceptable. The appellate court said that strict compliance with the law was necessary. “Substantial compliance” would not suffice. Here, the Court of Appeals found there was not even substantial compliance, much less strict compliance. As noted above, the plaintiff’s notice alleged medical injuries of “approximately” $100,000. An approximate amount is not a specific amount, the appellate court said. Given the purpose of the notice was to make a settlement offer, the law required more than the plaintiff’s best guess as to her medical expenses arising from the accident.

Contact Hawkins Spizman Trial Lawyers Today

Winning a personal injury case is about more than proving a negligent defendant caused your accident. You also need to prove that you sustained economic and non-economic damages entitling you to compensation. An experienced Atlanta personal injury lawyer can help ensure you follow any legal requirements when it comes to presenting such proof. So if you have been injured in a car or truck accident, contact Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=2659550d-e35c-4bd4-9d00-451d6a435556