Do I have to state a specific dollar amount in a Georgia ante litem notice?
The answer depends on which government the claim targets. For claims against a Georgia city, the law now requires the notice to state a specific amount of monetary damages. For claims against the State of Georgia, the rule is framed differently, calling for the amount of the loss to the extent the claimant can give it rather than a fixed demand.
Municipal notices and the specific-amount rule ¶
O.C.G.A. § 36-33-5, the municipal ante litem statute, was amended in 2014 to require that the notice state the specific amount of monetary damages being sought. Under the statute, that stated amount operates as an offer of compromise that the city may accept within the period the statute allows for consideration. Georgia courts have treated this specific-amount requirement as a genuine condition of a valid municipal notice, so a city notice that lacks a concrete figure risks being found deficient.
This makes the city notice unusual: it forces the claimant to put a number on the claim early, often before treatment is finished or the full extent of the loss is known. The figure should be set thoughtfully, because it functions as a settlement demand and frames the claim.
State notices and the “amount of loss” language ¶
For state claims, O.C.G.A. § 50-21-26 takes a softer approach. It requires the notice to state the nature and amount of the loss suffered, but qualifies the content requirements with language directing the claimant to provide the information to the extent of the claimant’s knowledge and belief and as practicable under the circumstances. So while a state notice should address the amount of the loss, it is not held to the same rigid specific-figure command as a municipal notice, recognizing that some details may not yet be quantifiable.
Two practical takeaways follow:
- Against a city, a notice generally needs a specific dollar figure, set with care because it serves as an offer.
- Against the state, a notice should address the amount of loss as fully as the claimant can, without omitting the category entirely.
The bottom line ¶
A specific dollar amount is required in a Georgia municipal ante litem notice under the 2014 amendment to § 36-33-5, where it works as an offer of compromise, while a state notice under § 50-21-26 calls for the amount of loss stated to the extent known. Because the city rule is exacting and the figure carries strategic weight, the damages amount deserves deliberate attention before any government notice goes out.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.