Below is a sample personal injury complaint for a DUI rear end car accident case to be filed in either State Court or Superior Court. In Georgia, each county has a Superior Court. The County Superior Court handles cases involving serious crimes (felonies), civil disputes, real estate matters and family and domestic relations issues. In many counties, however, there are too many cases for the Superior Courts to handle. In these counties, State Courts assist by handling civil law actions not otherwise within the jurisdiction of Superior Court, dispossessions, misdemeanors, and certain traffic offenses. Because the process is generally faster and the judges are more familiar with the laws and statues related to personal injuries, most Georgia personal injury lawsuits are filed in State Court.
In State Court or Superior Court across Georgia, there is no limit or cap to the damages that are demanded – unlike in Magistrate Court. And though a personal injury complaint filed in State or Superior Court will be lengthier and more detailed than a complaint filed in Magistrate Court. The complaint should still maintain a basic approach. In any personal injury case, your complaint can and will be used against you at trial. Therefore, it is best to give a short and concise statement of the facts, rather than an exhaustive and detailed account of all the events. This “notice complaint” is allowed as the “Georgia Civil Practice Act requires only notice pleading and… pleadings are to be construed liberally and reasonably to achieve substantial justice…” Islam v. Wells Fargo Bank, N.A. et al., Georgia Court of Appeals (No. A13A2373) 2014.
In Georgia punitive damages are permitted if it can be proven, by a preponderance of the evidence, that the Defendant’s negligence was egregious, malicious, or recklessly indifferent. If that burden is met, a judge or jury may award up to $250,000 in punitive damages. Further, if it can be shown that the Defendant was under the influence of alcohol or drugs, the $250,000 cap does not apply. You may then be able to seek unlimited punitive damages.
A personal injury lawsuit must be filed in the county where the Defendant (i.e., the at-fault driver or corporation) lives or the registered agent is located. If a Defendant is an unincorporated business, the lawsuit must be filed in the county where the business is physically located.
All State or Superior Courts in Georgia use one of two electronic filing system, Odyssey or PeachCourt, to electronically file a personal injury complaint.
Name of the Court
Preamble listing the parties of the lawsuit
Parties and Jurisdiction