Saturday, November 13, 2010

Suing a Municipality and Anti-Litem Notice | Carrollton, Georgia lawyer

Carrollton Georgia lawyers will tell you that in order to sue a municipality you need an ante litem notice. The ante litem notice is required as a condition precedent to bringing a lawsuit. It is necessary only to provide the municipality with enough information to enable it to conduct an investigation into the alleged injuries and determine whether the claim should be settled without litigation. Carrollton lawyers are well versed in the following statute:

§ 36-33-5. Written Demand Prerequisite To Action For Injury To Person Or Property; Time For Presenting Claim And For Consideration By Governing Authority; Suspension Of Limitations

(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in subsection (b) of this Code section.

(b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.

(c) Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.

(d) The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part.

If you have a claim against a municipality contact a Carrollton lawyer today.

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