![]() This is also what you’ll do if the State fails to respond within ninety (90) days. If the State decides to deny payment, then you’ll move forward with your lawsuit. The State may decide to pay or settle your claim after an investigation. If this is the case, they’ll reach out to your Atlanta MARTA accident attorney and negotiate a settlement. Once you file your notice with the State, one of three things will happen. What Happens After Your Accident Lawyer in Atlanta Files Your Notice? Your Atlanta bus accident attorney can help do this for you. You don’t have to worry about filing this on your own. The name of the government entity and employee who caused your injury.A brief description of the accident that gave rise to your intent to sue.The date and time that the accident occurred.The information your accident lawyer in Atlanta must provide in your notice includes the following: If you fail to file the proper notice in the required timeframe, you’ll lose your chance to sue. When you file your notice of intent to sue, you need to include very detailed information. Your Ante Litem Notice Must Contain Very Specific Information Besides, you have to file your suit before the statute of limitations period is up anyway. Of course, your Atlanta bus accident attorney would never wait this long. This notice must be filed within twelve (12) months of your accident. This notice is referred to as an “Ante Litem Notice.” This just means you must provide notice before you litigate, or file suit. Your Atlanta Bus Accident Attorney Must Provide the State with Special Notice Before You SueĪccording to the GTCA, before you sue, your accident lawyer in Atlanta must first provide notice to the State. Since motor vehicle accidents are specifically listed, your accident lawyer in Atlanta shouldn’t have a hard time demonstrating that your claim qualifies under the Georgia Tort Claims Act. The second condition you must meet is that your incident must be listed as actionable against the state in the GTCA. It’s not as if the bus driver works for a repair company where they can take the company vehicle home at the end of their shift. It is hard to imagine why a driver would be operating a MARTA bus or train unless they were on the clock. The first condition is that your accident took place while the bus driver was acting within the scope of their employment. To qualify under the GTCA, your Atlanta MARTA accident attorney must prove that you meet two very specific conditions. Your Accident Lawyer in Atlanta Must Prove That You Meet Two Specific Conditions This means that your accident lawyer in Atlanta can sue the State, or County, for damages if you’re injured in a MARTA accident. In fact, the law spells out the situations in which your Atlanta bus accident attorney can sue the State.Īccording to OCGA §50-21-20, a car accident caused by a state employee does qualify under the GTCA. The Georgia Tort Claims Act (GTCA) allows you to sue the State in very limited situations. The Georgia Tort Claims Act Does Allow You to Sue in Certain Situations This law is called the Georgia Tort Claims Act. However, Georgia does have a law that allows accident victims to file a lawsuit against the state in certain circumstances. Like it or not, the State has almost total sovereign immunity. Your only option will be to file a claim with your own insurance company and hope they’ll pay your claim. For example, if you’re hit by a car during a high-speed chase, you may not have a leg to stand on. In most cases, you aren’t allowed to sue the State of Georgia or a county. Normally, You Can’t Sue the State of Georgia for Damages ![]() ![]() Since there are strict limitations on when you can sue the government, there’s no guarantee you can file a claim for damages. While there’s always the chance you may have to sue the other driver, if the bus driver was at fault, you only have one option. ![]() If you’re injured in a bus accident, it’s a good idea to call one of our accident lawyers in metro Atlanta right away. MARTA Buses Are Owned and Operated by the State of Georgiaīecause the MARTA bus system is owned by the state, it isn’t a given that you can sue them. The good news is that thanks to the Georgia Tort Claims Act, there are exceptions to this rule. And, not surprisingly, your MARTA accident lawyer in Atlanta isn’t usually able to file suit against the state. The problem is that the MARTA bus system is owned by the State. People get hurt in bus accidents in Georgia every day. ![]()
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