[// GUIDANCE: Insert firm letterhead or pleading paper here if required by local rule.]
IN THE SUPERIOR COURT OF [COUNTY] COUNTY
STATE OF GEORGIA
[PLAINTIFF NAME],
Plaintiff,
v. Civil Action File No. ____
[DEFENDANT NAME],
Defendant.
COMPLAINT FOR PERSONAL INJURY
[JURY TRIAL DEMANDED]
[// GUIDANCE: This template is drafted to comply with the Georgia Civil Practice Act (O.C.G.A. § 9-11-1 et seq.), the Georgia apportionment statute (O.C.G.A. § 51-12-33), and the punitive-damages cap set forth in O.C.G.A. § 51-12-5.1. Tailor factual allegations, counts, and damages to the specific incident.]
TABLE OF CONTENTS
- Parties ............................................................................. 2
- Jurisdiction and Venue ....................................................... 2
- Factual Allegations ............................................................. 3
- Count I – Negligence ........................................................... 4
- Damages ......................................................................... 5
- Prayer for Relief ............................................................... 6
- Jury Demand .................................................................... 7
- Verification ..................................................................... 7
- Certificate of Service ........................................................ 8
(Page numbers are for counsel’s convenience and may be omitted.)
1. PARTIES
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a resident of [COUNTY] County, Georgia and is subject to the jurisdiction of this Court.
1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a resident of, or entity organized under the laws of, the State of Georgia with its principal place of business at [ADDRESS]. Defendant may be served with process pursuant to O.C.G.A. § 9-11-4 at:
(a) [Registered Agent Name & Address] –or–
(b) [Alternate Service Method].
[// GUIDANCE: Add additional defendants or “John Doe” defendants as necessary.]
2. JURISDICTION AND VENUE
2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over this civil action pursuant to the Georgia Constitution and applicable statutes, as the amount in controversy exceeds the jurisdictional minimum and the claims arise under Georgia tort law.
2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Georgia because Defendant [resides in/conducts business in] this State and the tortious conduct alleged herein occurred in Georgia.
2.3 Venue. Venue is proper in this Court under O.C.G.A. § 9-10-31 because Defendant [resides in/has its principal place of business in] [COUNTY] County and the cause of action arose in this County.
3. FACTUAL ALLEGATIONS
3.1 On or about [DATE], at approximately [TIME], Plaintiff was lawfully present at/on [LOCATION].
3.2 At that time and place, Defendant [describe negligent act or omission—e.g., “operated a motor vehicle while distracted and failed to keep a proper lookout”].
3.3 Defendant owed Plaintiff a duty of reasonable care to [describe duty—e.g., operate the vehicle safely and obey all traffic laws].
3.4 Defendant breached that duty by [specific negligent conduct].
3.5 As a direct and proximate result of Defendant’s negligence, Plaintiff sustained serious bodily injuries, including but not limited to [describe injuries], incurred medical expenses, lost wages, pain and suffering, and other damages.
3.6 Plaintiff’s injuries and damages were foreseeable consequences of Defendant’s conduct.
4. COUNT I – NEGLIGENCE
4.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 3.6 as though fully set forth herein.
4.2 Duty. Defendant owed Plaintiff the duty to exercise ordinary care under the circumstances to avoid injuring others (reasonable-person standard).
4.3 Breach. Defendant breached that duty by [acts/omissions stated in ¶3.2–3.4].
4.4 Causation. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries.
4.5 Damages. Plaintiff has suffered and will continue to suffer the damages described in Section 5 below.
4.6 Apportionment. Pursuant to O.C.G.A. § 51-12-33, Plaintiff requests that fault be apportioned among Defendant and any other persons or entities found to have contributed to Plaintiff’s injuries, and that Defendant be held liable for its proportionate share of the damages.
5. DAMAGES
5.1 Special Damages (Economic). Plaintiff seeks recovery of all medical expenses (past and future), rehabilitation costs, lost wages, diminished earning capacity, property damage, and out-of-pocket expenses in an amount to be proven at trial.
5.2 General Damages (Non-Economic). Plaintiff seeks compensation for physical pain and suffering, mental anguish, permanent disability, loss of enjoyment of life, and other non-economic harms in an amount to be determined by a fair and impartial jury.
5.3 Punitive Damages. Plaintiff further seeks punitive damages pursuant to O.C.G.A. § 51-12-5.1 to punish, penalize, and deter Defendant for willful misconduct, wantonness, and/or that entire want of care which would raise the presumption of conscious indifference to consequences.
(a) Plaintiff acknowledges the statutory cap of $250,000 set forth in O.C.G.A. § 51-12-5.1(g), except as may be modified by any statutory exceptions or constitutional considerations applicable to the facts of this case.
(b) To the extent any statutory cap is deemed inapplicable or unconstitutional under the circumstances, Plaintiff reserves the right to seek punitive damages in excess of the cap.
5.4 Litigation Expenses. Plaintiff seeks recovery of all costs of this action, including reasonable attorney’s fees and expenses of litigation as authorized by O.C.G.A. § 13-6-11, due to Defendant’s [bad faith/stubborn litigiousness].
5.5 Pre-Judgment Interest. Plaintiff requests pre-judgment and post-judgment interest as allowed by law.
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
A. Issue process and summon Defendant to appear and answer this Complaint;
B. Empanel a jury to hear and decide all issues so triable;
C. Enter judgment in favor of Plaintiff and against Defendant for:
1. Special damages in an amount to be determined at trial;
2. General damages in an amount to be determined at trial;
3. Punitive damages as authorized by O.C.G.A. § 51-12-5.1;
4. Litigation expenses, including attorney’s fees, under O.C.G.A. § 13-6-11;
5. Pre- and post-judgment interest as allowed by law; and
6. Such other and further relief as the Court deems just and proper.
7. JURY DEMAND
Pursuant to Article I, Section I, Paragraph XI of the Constitution of the State of Georgia, and O.C.G.A. § 9-11-38, Plaintiff demands a trial by jury on all issues so triable.
8. VERIFICATION
[// GUIDANCE: Verification is not required for most tort complaints under Georgia law. Include only if facts must be sworn (e.g., to toll statute of limitations under ante-litem notice statutes). Remove if not needed.]
STATE OF GEORGIA )
COUNTY OF ___)
Before me, the undersigned officer duly authorized to administer oaths, personally appeared [PLAINTIFF NAME], who, after being duly sworn, deposes and states that the foregoing Complaint is true and correct to the best of [his/her/their] knowledge, information, and belief.
[PLAINTIFF NAME]
Sworn to and subscribed before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: ____
9. CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of the foregoing Complaint upon Defendant by [method—e.g., “depositing same in the United States Mail, first-class postage prepaid, addressed as follows”] to:
[DEFENDANT or COUNSEL NAME]
[ADDRESS]
This ___ day of ____, 20__.
[ATTORNEY NAME]
Georgia Bar No. ____
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff