What are the notice requirements of ante-litem cases?
When a person is injured by an employee of the government in Pensacola, they have the right to file a civil lawsuit seeking damages for financial losses. Even though a victim has these rights, the filing of such a lawsuit is not the same as filing one against a private citizen. Ante-litem comes into play in these cases. It is a notice of the intent to sue.
There are other requirements that must be adhered to when filing a lawsuit against a governmental employee. These are:
- The notice of an intent to sue must be filed within one year of the incident. The notice must be in writing.
- The notice must be mailed via certified mail or statutory overnight delivery. A return receipt must be requested. If delivered personally, a receipt can be given by the person who accepts the ante-litem notice.
- When there is no ante-litem notice filed, the court of jurisdiction will refuse to allow the case to proceed.
- When the complaint is filed with the court, the receipt must also be filed.
The ante-litem notice must include:
- The name of the entity
- The acts that are a basis for the claim
- The time and place of the incident
- The nature of loss
- The amount of loss
- The acts that resulted in the claimed loss
If you have any further questions, an experienced attorney can assist you. Filing a lawsuit against the government or its employees is possible, it simply requires extra steps to be done properly.