As the below sample complaint for damages shows, there are not a lot of elements to a simple car accident lawsuit. Georgia is known as a notice pleading state. In Georgia, in order to file a lawsuit, the plaintiff must only allege duty, breach, and causation. In other words, the plaintiff must allege that the negligent driver had a duty to not drive negligently (which every driver on the road in every state has); that the negligent driver breached this duty (by driving negligently and causing the wreck); and that the negligence caused the injuries that the plaintiff is complaining of in the lawsuit. Proof of the specifics of the lawsuit (and damages) is not needed at this stage of the litigation.
COMPLAINT FOR DAMAGES
COMES NOW, Plaintiff in the above-styled action, by and through his undersigned attorney, and files this Complaint for Damages against the Defendant, showing this honorable Court as follows:
1.
Defendant is subject to the jurisdiction of this court and venue is proper as to her by virtue of her being a resident of this County.
2.
On ______________, Defendant ________ negligently and carelessly caused an automobile collision in which Plaintiff was injured.
3.
Defendant ________, by and through her conduct, failed to exercise the standard of care required and thereby caused injury to Plaintiff.
COUNT I
(BODILY INJURY)
4.
Plaintiff incorporates and realleges the allegations of 1 through 3 above as if set forth fully verbatim herein.
5
As set forth above, Defendant has caused injury and damages to Plaintiff in an amount to be determined at trial, for which Plaintiff is entitled to recover.
6.
As a direct and proximate result of Defendant’s conduct, Plaintiff suffered, inter alia, substantial and continuing pain, suffering, and discomfort, lost wages, and medical expenses.
7.
As a direct and proximate result of Defendant’s conduct, Plaintiff is entitled to an award of special damages for medical, lost wages, and general damages in an amount to be shown at trial and determined by a jury.
COUNT II
(ATTORNEYS’ FEES)
8.
Plaintiff incorporates and realleges the allegations of 1 through 7 above as if set forth fully verbatim herein.
9.
Defendant has acted, and continues to act, in a manner that is stubbornly litigious, causing Plaintiff unnecessary trouble and expense within the meaning of O.C.G.A. § 13-6-11; and in bad faith within the meaning of O.C.G.A. § 13-6-11 entitling Plaintiff to recover his costs of this action, including reasonable attorneys’ fees.
WHEREFORE, Plaintiff prays:
- that Summons and process issue as required by law;
- that this matter be heard by a jury;
- that judgment issue in favor of Plaintiff and against the Defendant on all counts of Plaintiff’s complaint;
- that judgment issue in favor of Plaintiff and against the Defendant awarding Plaintiff recovery of attorneys’ fees in an amount to be proven at trial;
- That the cost of this action be levied against Defendant; and
- That Plaintiff be awarded such other and further relief as the Court deems just and proper under the circumstances.
This ____ day of ______, 20____.
Attorneys for Plaintiff
Attorney Robert J. Fleming has been handling wrongful death cases, automobile accident cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.