Sovereign Immunity: What Atlanta Residents Need To Know

Sovereign immunity protects the State of Georgia, while related governmental immunity doctrines protect municipalities, such as the City of Atlanta, from many lawsuits. Even though governmental or sovereign immunity protects government agencies from many lawsuits, there are important exceptions that allow those injured by government negligence to bring a claim forward.

By going over the main issues that Atlanta residents need to know about sovereign immunity, and speaking with an Atlanta personal injury lawyer, you can get a better understanding of your legal options and the personal injury compensation potentially available in your case.

What is sovereign immunity?

Sovereign immunity essentially protects the state of Georgia and other governmental entities from being sued by its citizens. The concept of shielding government entities from lawsuits derives from English common law and was adopted by the State of Georgia in its Constitution. If you become injured as a result of the city’s negligence, the doctrine of sovereign immunity may completely bar your claim. However, the state or city may waive its immunity in certain situations allowing claims to go forward. What this means is Georgia and its cities must give citizens permission to sue them in certain kinds of cases.

Here are some examples of how government entities may waive sovereign immunity:

• Municipalities may waive immunity by purchasing liability insurance, but only up to the policy limits (state immunity is waived only by statute or constitutional provision).
• Failure to perform a ministerial duty may remove official immunity for a government employee, depending on the circumstances.
• A waiver of immunity may exist where authorized by Georgia statutes or the Georgia Constitution. (The Georgia Tort Claims Act has waived Sovereign Immunity in certain types of cases)

Other exceptions can lead to a waiver of immunity. But the three listed above are some of the most common. And, if a particular injury can be associated with any one of the above waivers, you may be able to obtain compensation.

Even if a waiver of immunity exists for a particular circumstance, you must prove the government entity has waived immunity to obtain compensation. Working with a personal injury lawyer can help better understand your options and the steps you’ll need to take.

What does sovereign immunity mean for personal injury victims?

Sovereign Immunity can greatly impact your personal injury claim. Imagine the following scenario: A person is walking across the street and, out of nowhere, a speeding city bus collides with them. The pedestrian sustains several broken bones and a concussion, both of which are expensive, painful, and traumatic.

Situations like the above can, and do, happen. And Georgia’s sovereign immunity or municipal government immunity could prevent you from filing a personal injury lawsuit that helps you obtain compensation for this injury, unless an exception applies.

Here are some examples of personal injury claims where a waiver may apply:

• If you’re injured by a government owned and operated vehicle.
• If the government duty was a ministerial task.
• If the city fails to keep public areas in a reasonably safe condition, and you sustain an injury as a result of this, you may be able to file a personal injury lawsuit against the responsible government entity.

Returning to our example, if this bus driver was violating Atlanta’s traffic laws – failing to honor the speed limit, for, example – you might be able to pursue a claim against MARTA (subject to applicable immunity waivers and notice requirements).

Beyond the example clarified above, if you were injured on a poorly maintained road, you can usually file a personal injury lawsuit. This is also true of injuries stemming from poorly maintained buildings. Other situations can include:

• Being injured by a state-owned garbage truck, due to the driver’s negligence.
• A bulldozer smashing into your car, and injuring you, due to the city operator’s negligence.
• Slipping on a wet surface, in a government building, that had no proper warnings.

Each of the above may support a waiver of immunity that lets you obtain compensation as long as an applicable statutory or insurance-based waiver exists, and the relevant employee’s conduct was not protected by official immunity.

Many other situations can lead to a similar waiver of immunity. It all depends on the facts of your case and what can be proven. Both of these things can be easier to deal with if you work with a personal injury lawyer

What do you need to know before pursuing a claim against the city of Atlanta?

Before pursuing a claim against the city of Atlanta, you should be aware of the following:

• You have six months to provide ante litem notice to the city and one year to provide notice for claims against the state or county.
• Your ante litem must clarify the place and time your injury was sustained, the nature of this injury, as well as the negligence that led to the injury.
• The city will investigate all of the claims you make within your ante litem and you should receive a timely response.
• The city might choose to settle your personal injury claim, as per your ante litem, before you move forward with a personal injury lawsuit.
• Evidence is always necessary – you should use medical documentation, photos/videos, wage slips, and anything else that is relevant to bolster the claims made within your ante litem notice.
• Both the city of Atlanta and the state of Georgia rely on specific maximum compensation limits that prevent you from receiving more than you may be seeking.

Regarding the last point, some of the key compensation limits for Georgia and Atlanta. The State of Georgia’s liability is capped at $1 million per person and $3 million per occurrence that led to you sustaining an injury. Municipal liability is generally limited to applicable insurance coverage or statutory motor-vehicle caps, depending on the type of claim.

Navigating these facts, procedures, and rules is difficult. A personal injury lawyer can make things easier.

Speak with one of our Atlanta personal injury lawyers today

If you were injured due to a government entity’s negligence, you may be able to file a personal injury lawsuit. You can use our contact form to speak with one of our Atlanta personal injury lawyers today. We are ready to help you.