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Georgia Tort Claims Act: Notice Rules and $1M Caps

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If a State of Georgia employee or agency hurt you, the Georgia Tort Claims Act controls your case. You must send a written notice of claim within 12 months. You must send it to the Risk Management Division of the Department of Administrative Services. Damages are capped at $1 million per person and $3 million per occurrence.

What the Law Says

O.C.G.A. § 50-21-26, Notice of claim; procedure, states in part:

(a) No person, firm, or corporation having a tort claim against the state under this article shall bring any action against the state upon such claim without first giving notice of the claim as follows:

(1) Notice of a claim shall be given in writing within 12 months of the date the loss was discovered or should have been discovered; provided, however, that for tort claims and causes of action which accrued between January 1, 1991, and July 1, 1992, notice of claim shall be given in writing within 12 months after July 1, 1992;

(2) Notice of a claim shall be given in writing and shall be mailed by certified mail or statutory overnight delivery, return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Department of Administrative Services. In addition, a copy shall be delivered personally to or mailed by first-class mail to the state government entity, the act or omissions of which are asserted as the basis of the claim. Each state government entity may designate an office or officer within that state government entity to whom a notice of claim is to be delivered or mailed;

(3) No action against the state under this article shall be commenced and the courts shall have no jurisdiction thereof unless and until a written notice of claim has been timely presented to the state as provided in this subsection;

O.C.G.A. § 50-21-29, Trial by jury; limits on liability, states in part:

(b)(1) Except as provided for in paragraph (2) of this subsection, in any action or claim for damages brought under the provisions of this article, no person shall recover a sum exceeding $1 million because of loss arising from a single occurrence, regardless of the number of state government entities involved; and the state’s aggregate liability per occurrence shall not exceed $3 million. The existence of these caps on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article.

You can read the full statutes on the Georgia General Assembly’s official code site. Notices go to the Georgia Department of Administrative Services – Risk Management.

In Plain English

The State of Georgia normally cannot be sued. This is called sovereign immunity. The Georgia Tort Claims Act is the law that gives up part of that immunity. A “tort” is a civil wrong that lets you sue for money. The Act lets you sue the State for torts by its employees. But it sets strict rules. If you break a rule, your case is over.

The Act covers State agencies and their workers. Examples include the Georgia Department of Transportation, the Georgia State Patrol, and State universities. It does not cover cities or counties. Those have their own rules. Also, you sue the State agency, not the individual worker.

The first rule is the notice of claim. You must send it within 12 months of when you discovered the loss, or should have discovered it. The notice must be in writing. You must send it by certified mail or statutory overnight delivery, return receipt requested. Or you can hand deliver it and get a receipt. It goes to the Risk Management Division of the Department of Administrative Services, often called DOAS. You must also send a copy to the agency you say is at fault.

Under subsection (a)(5), the notice must state six things, as best you know them. These are the name of the agency, the time and place of the event, the nature of your loss, the amount you claim, and the acts that caused the loss. Be complete. Georgia courts have thrown out cases over missing details.

After you send the notice, you must wait. Subsection (b) says you cannot file suit until DOAS denies the claim or 90 days pass, whichever comes first. When you do file, subsection (a)(4) requires you to attach a copy of the notice and the mail receipt to your complaint.

The second rule is the damage cap. No one person can recover more than $1 million from a single occurrence. The State’s total liability for one occurrence is capped at $3 million. So if a State van crashes and hurts five people, they share the $3 million. Each one gets at most $1 million. The jury is not told about the cap. If the jury awards more, the judge reduces it.

The Act has many other limits. The State is not liable for certain types of decisions or actions. A lawyer needs to check whether your claim falls into an exception.

Example

Linda was driving on I-75 near Valdosta on August 12, 2025. A Georgia Department of Transportation truck swerved into her lane and hit her. She spent two weeks in the hospital. Her medical bills reached $310,000. She lost $40,000 in wages.

Linda’s lawyer sends a notice of claim by certified mail to the DOAS Risk Management Division on February 2, 2026. That is within 12 months. He sends a copy by first-class mail to the Department of Transportation. The notice names the agency, gives the date and location, describes the driver’s actions, lists Linda’s injuries, and demands $1.5 million.

DOAS does not respond. After 90 days, Linda files suit. At trial, the jury awards her $1.4 million. Because of the cap, the judge reduces the award to $1 million.

If Linda had sent the notice in September 2026, more than 12 months later, the court would have dismissed her case. It would not matter how badly she was hurt.

Key Points to Remember

  • You must send a written notice of claim within 12 months of discovering your loss.
  • Send it by certified mail or statutory overnight delivery to the DOAS Risk Management Division, with a copy to the agency at fault.
  • The notice must state the agency, time, place, nature of the loss, amount claimed, and the acts that caused the loss.
  • You cannot file suit until DOAS denies the claim or 90 days pass.
  • Damages are capped at $1 million per person and $3 million per occurrence.
  • The jury is never told about the cap.
  • Cities and counties are not covered by this Act. They have separate rules.

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.