DEMAND FOR SETTLEMENT - PROFESSIONAL MALPRACTICE

STATE OF GEORGIA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Georgia ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Georgia

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Professional's Name or Firm]
[Professional Liability Insurance Carrier]
[Street Address]
[City, State ZIP]

RE: PROFESSIONAL MALPRACTICE CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date(s) of Negligent Services: [Date or Date Range]
Professional(s): [Professional Name(s)]
Type of Professional: [Attorney/CPA/Architect/Engineer]
Claim Number: [If assigned]

Dear [Recipient Name]:

This firm represents [Client Name] in connection with the professional malpractice committed by [Professional Name] during the provision of [legal/accounting/architectural/engineering] services. This letter constitutes formal notice of our client's claim and our demand for settlement.

I. GEORGIA-SPECIFIC LEGAL FRAMEWORK

A. Governing Law

This claim is governed by Georgia common law principles of professional negligence and the Official Code of Georgia Annotated (O.C.G.A.).

B. Statute of Limitations

Professional Malpractice: Under O.C.G.A. Section 9-3-96, an action for malpractice must be brought within two (2) years from the date the cause of action accrues.

General Contract/Negligence: Under O.C.G.A. Section 9-3-25, actions on simple contracts must be brought within six years; negligence actions under O.C.G.A. Section 9-3-33 within four years.

Discovery Rule: Georgia applies the discovery rule for professional malpractice. The cause of action accrues when the plaintiff knew or should have known of the injury. Jankowski v. Taylor, Bishop & Lee, 246 Ga. App. 753 (2000).

Design Professionals - Statute of Repose: Under O.C.G.A. Section 9-3-51, claims against architects, engineers, and contractors for deficient design or construction must be brought within 8 years after substantial completion.

Relevant Dates in This Matter:
- Date(s) of negligent services: [Date(s)]
- Date of discovery: [Date]
- Two-year limitations period expires: [Date]

C. Comparative Fault

Georgia follows modified comparative fault (49% bar) under O.C.G.A. Section 51-12-33. A plaintiff is barred from recovery if the plaintiff's negligence is 50% or greater. If less than 50%, recovery is reduced by the plaintiff's percentage of fault.

Our investigation establishes that our client bears no fault for the damages caused by the defendant's professional negligence.

D. Standard of Care Under Georgia Law

Under Georgia law, a professional must exercise that degree of care and skill ordinarily employed by the profession in good standing.

Attorney Standard: An attorney must exercise a reasonable degree of care and skill and is liable for injuries resulting from lack of knowledge or skill ordinarily possessed by attorneys. Rogers v. Norvell, 174 Ga. App. 453 (1985).

Accountant Standard: An accountant must exercise the degree of skill and care that a reasonably competent accountant would exercise under similar circumstances. Badische Corp. v. Caylor, 257 Ga. 131 (1987).

Architect/Engineer Standard: Design professionals must exercise the same degree of care and skill as is ordinarily employed by the profession. Colonial Stores, Inc. v. Turner, 117 Ga. App. 331 (1968).

E. Certificate of Merit / Expert Affidavit Requirement

Under O.C.G.A. Section 9-11-9.1, the complaint in any action for professional malpractice must be accompanied by an affidavit of an expert competent to testify, setting forth:
1. At least one negligent act or omission claimed to exist; and
2. The factual basis for each such claim.

Timing: The affidavit must be filed with the complaint or within 45 days of filing if the limitations period would otherwise expire.

Failure to Comply: Failure to file the required affidavit shall result in dismissal of the complaint.

F. Expert Witness Requirements

Expert testimony is required to establish the standard of care and breach in professional malpractice cases. Mitchell v. Dickey, 226 Ga. App. 246 (1997).

Certification: We have retained a qualified expert who has reviewed the relevant materials and is prepared to provide the required affidavit.

G. Damage Caps

Georgia does not impose statutory caps on compensatory damages in professional malpractice cases.

Punitive Damages: Under O.C.G.A. Section 51-12-5.1, punitive damages are generally capped at $250,000, except in cases of product liability or when the defendant acted with specific intent to cause harm.

II. PRESERVATION OF EVIDENCE - LITIGATION HOLD

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to the professional services provided to [Client Name], including but not limited to:

• Complete client files (paper and electronic)
• All drafts and working papers
• Correspondence (including emails, texts, and messages)
• Engagement letters and fee agreements
• Time records and billing statements
• Internal memoranda and notes
• Professional liability insurance policies
• [For Attorneys:] Case files, pleadings, research memoranda
• [For Accountants:] Work papers, tax returns, financial statements
• [For Architects/Engineers:] Drawings, specifications, calculations, project files

Modification, destruction, or concealment of any records will result in claims for spoliation and sanctions.

III. FACTUAL BACKGROUND

A. Professional Engagement

[Client Name] engaged [Professional Name/Firm] on or about [Date] to provide [type of professional services]:

Scope of Engagement:
- [Describe the scope of professional services]
- [Objectives or goals of the engagement]

Professional Relationship:
- Engagement date: [Date]
- [If applicable:] Termination date: [Date]
- Fee arrangement: [Hourly/Fixed/Contingency]

B. Chronology of Events

[Date]: [Describe what occurred]

[Date]: [Describe what occurred]

C. The Professional Error(s)

[Describe specifically what the professional(s) did wrong]

D. Discovery of Malpractice

Our client [did not discover / could not have reasonably discovered] the malpractice until [Date], when [describe discovery circumstances].

IV. ELEMENTS OF PROFESSIONAL MALPRACTICE

Under Georgia law, a plaintiff must establish:

A. Duty (Professional Relationship)

[Professional Name] owed a duty of care to [Client Name] arising from the professional relationship established on [Date].

B. Breach of the Standard of Care

Applicable Standard: [Professional Name] was required to exercise that degree of care and skill ordinarily employed by [attorneys/accountants/architects/engineers] in good standing.

Based on our expert's analysis, the applicable standard of care required [Professional] to:

1. [Standard 1]
2. [Standard 2]
3. [Standard 3]

Breaches:

Breach 1: [Detailed description]

Breach 2: [Detailed description]

C. Causation

Proximate Cause: But for [Professional Name]'s breach of the standard of care, [Client Name] would not have suffered the damages described herein.

Legal Malpractice - Case Within a Case: [If applicable:] Had [Attorney Name] properly handled the matter, our client would have [obtained a favorable judgment / avoided liability]. Georgia requires proof of the "suit within a suit."

D. Damages

As a direct and proximate result of the malpractice, [Client Name] has suffered the damages set forth below.

V. EXPERT OPINION

We have retained [Expert Name], a [licensed attorney/CPA/architect/licensed professional engineer] with [number] years of experience. [Expert Name] has concluded that:

1. [Professional Name] breached the applicable standard of care;
2. These breaches were a proximate cause of [Client Name]'s damages; and
3. Had appropriate professional services been rendered, [describe avoided outcome].

VI. DAMAGES

A. Direct Financial Losses

B. Consequential Damages

C. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear breach of the standard of care and the substantial damages incurred, we hereby demand:

$[DEMAND AMOUNT]

This demand will remain open for thirty (30) days from the date of this letter, expiring at 5:00 p.m. Eastern Time on [Expiration Date].

VIII. INSURANCE INFORMATION REQUEST

Please provide within ten (10) days:

1. All professional liability insurance policies applicable to this claim
2. Policy limits for each applicable policy
3. Any deductible or self-insured retention amounts

IX. DOCUMENTATION ENCLOSED

• Engagement letter and correspondence
• Documents evidencing the professional's work
• Documents evidencing damages
• Expert curriculum vitae

X. CONCLUSION

This case presents clear professional malpractice that caused significant financial harm to our client. We are prepared to litigate this matter through trial in the Georgia Superior Court if necessary.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Georgia Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

GEORGIA PROFESSIONAL MALPRACTICE PRACTICE NOTES

• Modified Comparative Fault (49% Bar): Plaintiff barred if fault is 50% or greater.

• Expert Affidavit Required: O.C.G.A. Section 9-11-9.1 requires an expert affidavit with the complaint. Failure is grounds for dismissal.

• Two-Year Malpractice Limitations: Under O.C.G.A. Section 9-3-96.

• Discovery Rule Applies: Limitations period runs from discovery of the injury.

• Design Professional Repose: 8-year statute of repose under O.C.G.A. Section 9-3-51.

• Expert Testimony Required: Essential for establishing standard of care.

• Case Within a Case: In legal malpractice, must prove the underlying case would have been successful.

• Punitive Damages Cap: Generally $250,000 under O.C.G.A. Section 51-12-5.1.

• Venue: Proper in county where defendant resides or where the cause of action arose.

This template is specific to Georgia law. Always verify current law and consult with qualified Georgia counsel.