Georgia Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — STATE OF GEORGIA

PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY — PURSUANT TO GA. R. EVID. 408

ATTORNEY / FIRM INFORMATION

CLAIM INFORMATION

RE: Personal Injury Claim of [________________________________] v. [________________________________]
Claim No.: [________________________________]
Date of Loss: [__/__/____]

Dear [________________________________]:

1. INTRODUCTION AND PURPOSE

This firm represents [________________________________] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a direct and proximate result of the negligence of your insured, [________________________________] ("Insured" or "Tortfeasor"). This letter constitutes a formal demand for settlement of all claims arising from the above-referenced incident.

This demand is made pursuant to Georgia Rule of Evidence 408 and is intended solely for settlement negotiation purposes. Nothing herein shall constitute an admission or waiver of any rights or claims.

PREJUDGMENT INTEREST DEMAND — O.C.G.A. § 51-12-14: This letter also constitutes a formal written demand for purposes of triggering prejudgment interest under O.C.G.A. § 51-12-14. The specific settlement demand amount set forth in Section 10 shall remain open for no fewer than 30 days from the date of this letter. If the final judgment at trial exceeds this demand amount, the Claimant will seek prejudgment interest at the prime rate plus 3% from the date of this demand.

Under Georgia's modified comparative fault system with apportionment (O.C.G.A. § 51-12-33), our client is entitled to full recovery reduced only by any percentage of fault attributable to the Claimant, provided the Claimant's fault is less than 50%. Georgia imposes no caps on compensatory damages in general personal injury cases.

Please direct all communications regarding this claim to this office. Do not contact our client directly.

2. GEORGIA STATUTORY FRAMEWORK

2.1 Negligence and Comparative Fault / Apportionment

• O.C.G.A. § 51-12-33 — Modified Comparative Fault (50% Bar) with Apportionment:
• The trier of fact determines the percentage of fault of the plaintiff and the amount of damages is reduced in proportion to the plaintiff's fault
• If the plaintiff is 50% or more at fault, recovery is completely barred
• The trier of fact considers the fault of all persons or entities who contributed to the injury, regardless of whether they are named parties
• Damages apportioned among liable persons are the liability of each person and are NOT joint liability

2.2 Statute of Limitations

• O.C.G.A. § 9-3-33 — Personal injury: 2 years from date of injury
• O.C.G.A. § 9-3-30 — Property damage: 4 years
• Date of loss: [__/__/____] | Personal injury filing deadline: [__/__/____]

2.3 No Caps on Compensatory Damages

• Georgia does NOT impose caps on economic or non-economic damages in general personal injury cases
• The Georgia Supreme Court struck down the medical malpractice non-economic damages cap as unconstitutional in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010)

2.4 Punitive Damages

• O.C.G.A. § 51-12-5.1 — Punitive damages require proof by clear and convincing evidence of:
• Willful misconduct, malice, fraud, wantonness, oppression, or
• That entire want of care raising the presumption of conscious indifference to consequences
• Cap: $250,000 in most tort actions
• Exceptions (NO CAP):
• Specific intent to cause harm
• Defendant was under the influence of alcohol or drugs (DUI cases)
• Product liability actions
• 75% of punitive damages awarded go to the State of Georgia treasury (O.C.G.A. § 51-12-5.1(e)(2))

2.5 Apportionment of Damages

• O.C.G.A. § 51-12-33(b) — Where an action is brought against more than one person, the trier of fact shall apportion damages among liable persons according to their percentage of fault. Each person is liable only for their share — this is several liability, not joint liability.

3. FACTUAL BACKGROUND

3.1 The Incident

On [__/__/____], at approximately [____] [a.m./p.m.], the Claimant was [________________________________] at or near [________________________________] (the "Incident Location") in [________________________________], Georgia.

At that time and place, your insured, [________________________________], negligently [________________________________].

As a direct and proximate result of your insured's negligence, the Claimant sustained serious personal injuries as described below.

3.2 Scene and Conditions

3.3 Law Enforcement Response

3.4 Witness Information

3.5 Narrative Summary

[________________________________]

[________________________________]

[________________________________]

4. LIABILITY ANALYSIS

4.1 Duty of Care

Your insured owed the Claimant a duty of ordinary care and diligence under Georgia law. Every person is obligated to exercise ordinary care to prevent injury to others (O.C.G.A. § 51-1-2). Specifically, your insured had a duty to [________________________________].

4.2 Breach of Duty

Your insured breached this duty of care by:

☐ Operating a motor vehicle in a negligent manner
☐ Failing to maintain a proper lookout
☐ Failing to yield the right-of-way (O.C.G.A. § 40-6-70 et seq.)
☐ Following too closely in violation of O.C.G.A. § 40-6-49
☐ Exceeding the posted speed limit in violation of O.C.G.A. § 40-6-181
☐ Operating while under the influence (O.C.G.A. § 40-6-391)
☐ Distracted driving / texting while driving (O.C.G.A. § 40-6-241.2)
☐ Running a red light or stop sign (O.C.G.A. § 40-6-20)
☐ Reckless driving (O.C.G.A. § 40-6-390)
☐ Failing to maintain premises in a safe condition
☐ [________________________________]
☐ [________________________________]

4.3 Causation

The Claimant's injuries were the direct and proximate result of your insured's breach of duty. But for your insured's negligent conduct, the Claimant would not have sustained these injuries.

4.4 Comparative Fault / Apportionment Analysis (O.C.G.A. § 51-12-33)

Under Georgia's modified comparative fault system with apportionment, the Claimant is barred from recovery only if found to be 50% or more at fault.

Our position is that your insured bears [____]% fault for this incident.

APPORTIONMENT NOTE: Under Georgia's apportionment statute, your insured is liable for only their proportionate share of damages. However, where your insured is the sole tortfeasor (or the primary tortfeasor), your insured bears liability for a substantial majority of the total damages.

5. INJURIES AND MEDICAL TREATMENT

5.1 Summary of Injuries

Primary Diagnoses:
☐ Traumatic brain injury (TBI) / Concussion
☐ Cervical spine injury (herniation, bulge, fracture)
☐ Thoracic spine injury
☐ Lumbar spine injury (herniation, bulge, fracture)
☐ Shoulder injury (rotator cuff tear, labral tear, dislocation)
☐ Knee injury (ACL, MCL, meniscus tear)
☐ Hip injury / fracture
☐ Rib fractures
☐ Wrist / hand fractures
☐ Ankle / foot fractures
☐ Facial lacerations / scarring
☐ Internal organ damage
☐ Soft tissue injuries (sprains, strains, contusions)
☐ Post-traumatic stress disorder (PTSD)
☐ Depression / anxiety
☐ [________________________________]

ICD-10 Codes:
| Code | Description |
|---|---|
| [________] | [________________________________] |
| [________] | [________________________________] |
| [________] | [________________________________] |
| [________] | [________________________________] |

5.2 Chronological Treatment History

Emergency / Acute Care

Primary Care / Follow-Up

Specialist Care

Physical Therapy / Rehabilitation

Surgical Procedures

Diagnostic Imaging

Mental Health Treatment

Prescription Medications

5.3 Current Condition and Prognosis

[________________________________]

Treating physician's prognosis:
☐ Full recovery expected
☐ Permanent partial impairment — rated at [____]% whole person impairment
☐ Permanent total impairment
☐ Ongoing treatment required (estimated duration: [________________________________])
☐ Future surgery likely or recommended
☐ Maximum medical improvement (MMI) reached on [__/__/____]
☐ MMI not yet reached

6. DAMAGES CALCULATION

6.1 Summary of Economic Damages

A. Past Medical Expenses

GEORGIA COLLATERAL SOURCE NOTE: Georgia follows the traditional collateral source rule. The full billed value of medical services is recoverable regardless of insurance payments or write-offs.

B. Future Medical Expenses

C. Past Lost Wages / Income

D. Future Lost Earning Capacity

E. Property Damage

F. Out-of-Pocket Expenses

6.2 Total Economic Damages

6.3 Non-Economic Damages

☐ Physical pain and suffering (past and ongoing)
☐ Mental and emotional distress
☐ Loss of enjoyment of life
☐ Loss of consortium (spouse: [________________________________])
☐ Disfigurement and scarring
☐ Inconvenience
☐ Permanent impairment
☐ [________________________________]

Non-Economic Damages Claimed: $[________]

GEORGIA LAW NOTE: Georgia does NOT impose caps on non-economic damages in general personal injury actions. The Georgia Supreme Court struck down the medical malpractice cap in Nestlehutt, reinforcing that damage caps violate the right to a jury trial under the Georgia Constitution.

6.4 Total Compensatory Damages

7. INSURANCE COVERAGE ANALYSIS

7.1 Tortfeasor's Liability Coverage

7.2 Claimant's Coverage

GEORGIA INSURANCE NOTE: Georgia requires minimum auto liability coverage of $25,000/$50,000/$25,000 (O.C.G.A. § 40-9-37). Georgia is a tort state — no PIP requirement. UM coverage must be offered at the same limits as liability coverage and is included unless rejected in writing (O.C.G.A. § 33-7-11). Georgia permits stacking of UM/UIM coverage in certain circumstances. Add-on UM coverage (which provides additional coverage on top of the liability policy) is available.

7.3 Coverage Adequacy Assessment

☐ Claimant's damages are within tortfeasor's policy limits
☐ Claimant's damages exceed tortfeasor's policy limits — excess exposure
☐ UM/UIM claim may be necessary
☐ Umbrella/excess policy may be implicated

8. PREJUDGMENT INTEREST (O.C.G.A. § 51-12-14)

FORMAL DEMAND FOR PREJUDGMENT INTEREST PURPOSES

Pursuant to O.C.G.A. § 51-12-14, this letter constitutes the Claimant's formal written demand, specifying a settlement amount that shall remain open for a minimum of 30 days.

Key provisions:

• Written demand with specific amount must be sent to defendant/insurer
• Demand must remain open for at least 30 days
• If final judgment exceeds the demanded amount, prejudgment interest applies
• Rate: Prime rate plus 3%
• Punitive damages are excluded from the calculation

Settlement demand amount (for § 51-12-14 purposes): $[________]
Demand open through: [__/__/____]

WARNING: If this matter proceeds to trial and the compensatory damages judgment exceeds this demand, your insured faces prejudgment interest at the prime rate plus 3% from the date of this demand. This can substantially increase total liability.

9. PUNITIVE DAMAGES (O.C.G.A. § 51-12-5.1)

☐ Punitive damages are applicable to this claim.

Under Georgia law, punitive damages require proof by clear and convincing evidence of:

☐ Willful misconduct
☐ Malice
☐ Fraud
☐ Wantonness
☐ Oppression
☐ Entire want of care raising presumption of conscious indifference to consequences
☐ Driving under the influence (DUI) — O.C.G.A. § 40-6-391
☐ [________________________________]

Punitive damages cap: $250,000 in most cases

Exceptions (NO CAP applies):
☐ Defendant had specific intent to cause harm
☐ Defendant was under the influence of alcohol or drugs
☐ Product liability action

NOTE: Under O.C.G.A. § 51-12-5.1(e)(2), 75% of any punitive damages award (after deduction of attorney's fees and litigation costs) is paid to the State of Georgia treasury. The remaining 25% goes to the plaintiff.

Punitive damages claimed: $[________]

☐ Punitive damages are NOT sought at this time. Claimant reserves the right to seek punitive damages in litigation.

10. SETTLEMENT DEMAND

10.1 Demand Amount

Based on the foregoing analysis, the Claimant hereby demands the total sum of:

$[________]

to fully and finally resolve all claims arising from the incident of [__/__/____].

10.2 Response Deadline

This demand shall remain open for thirty (30) calendar days from the date of this letter, expiring on [__/__/____].

10.3 Consequences of Non-Response

1. Filing of a civil complaint in the State Court or Superior Court of [________________________________] County, Georgia
2. Prejudgment interest exposure under O.C.G.A. § 51-12-14 if judgment exceeds demand
3. Pursuit of all available damages, including compensatory, punitive, interest, and costs
4. Georgia's Offer of Settlement statute (O.C.G.A. § 9-11-68) — attorney's fees and litigation costs may be awarded if defendant fails to accept offer and judgment exceeds offer by 25%
5. Potential bad faith claim for failure to settle within policy limits

11. RESERVATION OF RIGHTS

☐ To amend or supplement this demand based on additional information
☐ To file suit at any time prior to expiration of the statute of limitations
☐ To seek punitive damages under O.C.G.A. § 51-12-5.1
☐ To seek prejudgment interest under O.C.G.A. § 51-12-14
☐ To invoke the Offer of Settlement statute (O.C.G.A. § 9-11-68)
☐ To pursue claims against additional parties
☐ To file a UM/UIM claim against Claimant's own insurer
☐ To pursue ante-litem notice for government claims if applicable
☐ All other rights and remedies available under Georgia law

12. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

Medical Records and Bills

☐ Emergency room records and bills — [________________________________]
☐ Hospital admission/discharge records — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Specialist consultation records — [________________________________]
☐ Physical therapy / rehabilitation records — [________________________________]
☐ Surgical records and operative reports — [________________________________]
☐ Diagnostic imaging reports — [________________________________]
☐ Mental health treatment records — [________________________________]
☐ Pharmacy / prescription records — [________________________________]
☐ Life care plan — [________________________________]

Liability Documentation

☐ Police / incident report — Report No. [________________________________]
☐ Photographs of accident scene
☐ Photographs of vehicle / property damage
☐ Photographs of injuries
☐ Witness statements
☐ Surveillance / dashcam footage
☐ Expert accident reconstruction report

Financial Documentation

☐ Employer verification of lost wages
☐ Tax returns (prior [____] years)
☐ Vocational assessment / economic loss report
☐ Property damage estimate / repair invoice
☐ Out-of-pocket expense receipts

Insurance Documentation

☐ Declaration page — Tortfeasor's policy
☐ Declaration page — Claimant's policy
☐ Proof of UM coverage

13. SIGNATURE AND CERTIFICATION

Respectfully submitted,

______________________________________
[Attorney Name]
[Firm Name]
Georgia Bar No. [________________________________]
[Street Address]
[City], Georgia [ZIP]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

14. SOURCES AND REFERENCES

Georgia Statutes

• O.C.G.A. § 9-3-33 — Statute of Limitations (2 years — personal injury)
• O.C.G.A. § 9-3-30 — Statute of Limitations (4 years — property damage)
• O.C.G.A. § 9-11-68 — Offer of Settlement
• O.C.G.A. § 33-7-11 — Uninsured Motorist Coverage
• O.C.G.A. § 36-33-1 et seq. — Ante-Litem Notice (Government Claims)
• O.C.G.A. § 40-6-49 — Following Too Closely
• O.C.G.A. § 40-6-181 — Speed Restrictions
• O.C.G.A. § 40-6-241.2 — Distracted Driving (Hands-Free Act)
• O.C.G.A. § 40-6-391 — Driving Under the Influence
• O.C.G.A. § 40-9-37 — Mandatory Auto Insurance (25/50/25)
• O.C.G.A. § 51-1-2 — Duty of Care
• O.C.G.A. § 51-4-1 et seq. — Wrongful Death
• O.C.G.A. § 51-12-5.1 — Punitive Damages ($250,000 cap with exceptions)
• O.C.G.A. § 51-12-14 — Prejudgment Interest
• O.C.G.A. § 51-12-33 — Apportionment / Modified Comparative Fault (50% Bar)

Key Georgia Case Law

• Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010) — Med mal cap unconstitutional
• McReynolds v. Krebs, 290 Ga. 850 (2012) — Apportionment principles
• Chrysler Group, LLC v. Walden, 303 Ga. 358 (2018) — Punitive damages
• Southern Gen. Ins. Co. v. Holt, 262 Ga. 267 (1992) — UM/UIM coverage stacking

Regulatory Resources

• Georgia Office of Insurance and Safety Fire Commissioner — https://oci.georgia.gov/
• Georgia Courts — https://www.georgiacourts.gov/

This template is designed for use by licensed Georgia attorneys. It must be customized for each individual case. All statutory citations should be verified against current law before use. This document does not constitute legal advice.