Tuesday, January 27, 2009

Georgia Ante Litem Letter

Remember that any time the party responsible for injuring you is a government entity of any type, there may be ante litem (before litigation) requirements. At the Simon Law Firm, I can tell you that if the case is serious you need to hire a lawyer or you risk failing to satisfy the technical requirements. Here is a sample of a letter that I used when the State of Georgia was involved.

January 27, 2009

CERTIFIED MAIL RETURN RECEIPT

CHECK THE STATUTE FOR NECESSARY DEPARTMENTS TO MAIL YOUR LETTER TO

Re: Ante Litem Notice of Tort Claim
Our Client(s): Billie Smith
Date of Incident: 9/27/2007
Your Claim No: unknown

To Whom It May Concern:

Within twelve (12) months of the date described above, this Notice is being sent pursuant to the requirements of O.C.G.A. § 50-21-26(a)(5) to provide you with a ninety (90) day opportunity for adjustment of a tort claim against the state as a result of the following incident:

(a) Name of the State Government entity involved: State of Georgia;
(b) Time: 9/20/08;
(c) Place: Lawrenceville Georgia
(d) Nature of Loss Suffered: sexual battery and mental anguish;
(e) Amount of Loss Claimed: medical bills in excess of $20,000.00 and permanent impairment;
(f) Acts or omissions with caused the loss: Against Dr. Quereshi: Sexual Battery, Intentional and Negligent Infliction of Emotional Distress
Against COUNTY HOSPITAl: Respondeat Superior, Agency Liability, Failure to Warn Negligent Infliction of Emotional Distress, Negligent Hiring, supervision and retention

No action to make a civil recovery for these claims will be commenced except upon the expiration of ninety days (90) following receipt of this notice, or the State’s denial of the claim, which ever occurs first.


Sincerely



Christopher M. Simon

CMS/ /cms

3 comments:

DNBGDN said...

This Post was of a GREAT HEP TO ME. I did not have previous knowledge but the way you have structured this form made it so easy for me to adapt it to my circumstances.

Thank you, Thank you, Thank you

James jones said...

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