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Suing a Georgia County: 12-Month Claim Deadline

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If a Georgia county caused your injury, you must present your claim to the county within 12 months. This is a shorter deadline than the normal two years for injury lawsuits. If you miss it, your claim is barred. That means gone for good.

What the Law Says

O.C.G.A. § 36-11-1, Presentation of claims within 12 months; exception for minors and persons under disability, states:

All claims against counties must be presented within 12 months after they accrue or become payable or the same are barred, provided that minors or other persons laboring under disabilities shall be allowed 12 months after the removal of the disability to present their claims.

You can read the full statute on the Georgia General Assembly’s official code site.

In Plain English

Georgia has 159 counties. Each one runs roads, jails, sheriff’s offices, and many other services. When a county employee’s carelessness hurts you, this statute applies. It says you must “present” your claim to the county within 12 months.

The clock starts when the claim “accrues.” For an injury, that usually means the day you were hurt. You must present the claim within 12 months of that date. Compare this to the six-month rule for cities. County claims give you more time than city claims, but still far less than the normal two years.

“Present” means to give the county formal written notice of your claim. The statute does not spell out what the notice must say. It does not give an exact delivery method either. That is different from the city statute, which is very specific. Georgia courts have filled in the gaps. Courts have generally required that the claim be in writing. It should be sent to the county governing authority, usually the board of commissioners. It should give enough detail for the county to look into the claim. Because the statute is vague, a careful lawyer will include all the same facts required for a city notice: the date, place, injuries, negligence, and amount demanded.

The statute has a built-in exception for “minors or other persons laboring under disabilities.” A minor is a person under 18. A person “under a disability” includes someone who is legally unable to handle their own affairs. These people get 12 months after the disability is removed. For a child, that means 12 months after the 18th birthday.

Counties also have “sovereign immunity.” That means you cannot sue the government unless a law allows it. Presenting your claim on time does not, by itself, get you past immunity. Many county claims fail because no law waives immunity for that type of harm. For example, a county waives immunity for car wrecks caused by its employees, but only up to certain insurance limits set by another statute. A lawyer can tell you whether your claim fits an exception.

Once you present your claim on time, you still must file your lawsuit within the normal two-year statute of limitations. The 12-month notice does not extend that deadline.

Example

Robert was driving on a county road in Houston County on May 20, 2025. A county sheriff’s deputy ran a red light without lights or sirens and T-boned his truck. Robert broke two ribs and his collarbone. His medical bills were $41,000.

Robert’s deadline to present his claim is May 20, 2026. His lawyer sends a certified letter to the Houston County Board of Commissioners on March 3, 2026. The letter describes the crash, the deputy’s negligence, Robert’s injuries, and a demand for $150,000.

The county’s insurer denies the claim. Robert then files his lawsuit. He must do that by May 20, 2027, two years after the crash.

Now suppose Robert had waited until July 2026 to send the letter. The county would ask the court to dismiss the case. The court would agree. The 12-month deadline is strict.

Key Points to Remember

  • You must present a claim against a Georgia county within 12 months of the injury.
  • Missing the deadline bars your claim completely.
  • Minors and persons under a legal disability get 12 months after the disability ends.
  • The statute does not say exactly how to present a claim, so put it in writing and send it to the county commissioners.
  • Include the date, place, injuries, the careless act, and the amount you seek.
  • Presenting the claim does not extend the normal two-year deadline to file suit.
  • Counties have sovereign immunity, so proper notice alone does not guarantee a right to sue.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.