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After an automobile accident, there are a number of questions, especially if an insurance company is not having meaningful negotiations, and you may begin to wonder: “What is my next step?” Well, the next step oftentimes involves putting together a lawsuit. Formally, a lawsuit is called a complaint, which is the mechanism to bring your case before a judge and, ultimately, a jury. Drafting a lawsuit requires legal expertise, but there typically is a general framework for one, and it looks like this:
IN THE STATE COURT OF [INSERT] COUNTY
STATE OF GEORGIA
[INSERT YOUR NAME],
Plaintiff, Civil Action File No.:
JURY TRIAL DEMANDED
[INSERT DEFENDANT’S NAME],
Defendant.
COMPLAINT FOR DAMAGES
COMES NOW [INSERT YOUR NAME] (“Plaintiff”), by and through undersigned counsel and files this Complaint for Damages against [INSERT DEFENDANT’S NAME] (“Defendant”), and avers as follows:
PARTIES AND JURISDICTION
1.
Plaintiff is a resident of Georgia and is subject to the jurisdiction of this Court.
2.
Defendant resides at [INSERT DEFENDANT’S ADDRESS] in [INSERT] County and may be served with the Summons and Complaint at this address.
3.
Defendant is subject to the jurisdiction of this Court and venue is proper.
BACKGROUND
4.
On or about [INSERT DATE], Plaintiff was lawfully operating a vehicle eastbound on [INSERT ADDRESS OF ACCIDENT] in the city of [INSERT], [INSERT] County, Georgia.
5.
Defendant was operating his vehicle traveling [INSERT FACTS, i.e. “directly behind Plaintiff’s vehicle”].
6.
Defendant negligently [INSERT FACTS, i.e “followed too closely and struck the rear of Plaintiff’s vehicle”].
7.
As a result of the collision, Plaintiff suffered injuries to his/her body.
COUNT 1: NEGLIGENCE
8.
Plaintiff re-alleges and incorporates herein the allegations contained in paragraphs 1-7.
9.
Defendant owed a duty to Plaintiff to exercise ordinary and reasonable care in the operation of his/her vehicle and to adhere to the laws of the State of Georgia in the operation of said vehicle.
10.
Defendant was negligent and breached this duty.
11.
Defendant was negligent in the following manner:
[INSERT REASONS, i.e. “Following too closely.”]
12.
Defendant was negligent for [INSERT REASONS, i.e. “Following too closely.”] pursuant to O.C.G.A. § [INSERT LAW, i.e. “40-6-49”], which constitutes negligence per se.
13.
Plaintiff did not cause or contribute to the incident and was not negligent in any manner.
14.
As a direct and proximate result of Defendant’s negligence, Plaintiff sustained injuries to his/her body.
15.
Defendant’s negligence is the sole and proximate cause of Plaintiff’s injuries.
16.
As a result of Defendant’s negligence, Plaintiff has incurred special and compensatory damages, including past, present, and future medical bills, lost wages, and pain and suffering.
WHEREFORE, Plaintiff prays that he/she will have a trial on all issues and judgment against Defendant as follows:
That Plaintiff recover the full value of past and future medical expenses and lost wages in an amount to be proven at trial;
That Plaintiff recover for mental and physical pain and suffering and emotional distress in an amount to be determined by the enlightened conscience of the jury;
That Plaintiff recover such other and further relief as is just and proper; and,
That all issues be tried before a jury.
This _____ day of _________, ________.
Respectfully submitted,
____________________________________
[INSERT NAME, ADDRESS, AND CONTACT INFORMATION]
At Kevin Patrick Law, LLC, we have the legal expertise to handle automobile accident cases, and we have successfully tried these cases in Georgia. A complaint may look simple, but there are a lot of pitfalls if you don’t have a lawyer or even the “right” lawyer. We never settle for less and are here to help! Please contact us at (404) 566-5880 or information@patricktriallaw.com if you have any questions about your case and need legal assistance.
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