Remember that any time the party responsible for injuring you is a government entity of any type, there may be ante litem (before litigation) requirements. At the Simon Law Firm, I can tell you that if the case is serious you need to hire a lawyer or you risk failing to satisfy the technical requirements. Here is a sample of a letter that I used when the State of Georgia was involved.
January 27, 2009
CERTIFIED MAIL RETURN RECEIPT
CHECK THE STATUTE FOR NECESSARY DEPARTMENTS TO MAIL YOUR LETTER TO
Re: Ante Litem Notice of Tort Claim
Our Client(s): Billie Smith
Date of Incident: 9/27/2007
Your Claim No: unknown
To Whom It May Concern:
Within twelve (12) months of the date described above, this Notice is being sent pursuant to the requirements of O.C.G.A. § 50-21-26(a)(5) to provide you with a ninety (90) day opportunity for adjustment of a tort claim against the state as a result of the following incident:
(a) Name of the State Government entity involved: State of Georgia;
(b) Time: 9/20/08;
(c) Place: Lawrenceville Georgia
(d) Nature of Loss Suffered: sexual battery and mental anguish;
(e) Amount of Loss Claimed: medical bills in excess of $20,000.00 and permanent impairment;
(f) Acts or omissions with caused the loss: Against Dr. Quereshi: Sexual Battery, Intentional and Negligent Infliction of Emotional Distress
Against COUNTY HOSPITAl: Respondeat Superior, Agency Liability, Failure to Warn Negligent Infliction of Emotional Distress, Negligent Hiring, supervision and retention
No action to make a civil recovery for these claims will be commenced except upon the expiration of ninety days (90) following receipt of this notice, or the State’s denial of the claim, which ever occurs first.
Sincerely
Christopher M. Simon
CMS/ /cms
Tuesday, January 27, 2009
Sample Georgia Negligent Entrustment Complaint
In our injury law practice, I frequently have clients that ask what is the Complaint and what does it look like. Here is an example of one we used in a negligent entrustment case.
IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
MICHELLE CORE, )
)
Plaintiff, ) CIVIL ACTION
vs. )
) FILE NO. ________________
JOSE ROSE and
CHRISTIAN JONES, )
)
) JURY TRIAL DEMANDED
Defendants.
)
)
COMES NOW Michelle CORE, Plaintiff, and makes and files this complaint against Defendants Jose Rose and Christian Jones as follows:
BACKGROUND
LIABILITY OF CHRISTIAN JONES
10.
Plaintiff re-alleges and incorporates herein the allegations contained in paragraphs 1 through 9 above as if fully restated.
11.
Defendant Rose was negligent in following too closely to Plaintiff’s vehicle.
13.
Plaintiff did nothing to contribute to causing the collision.
14.
As a result of Defendant Rose’s negligence, Plaintiff suffered injuries, incurred lost wages, incurred medical bills and suffered pain in an amount to be proven at trial.
WHEREFORE, Plaintiff prays that she have a trial on all issues and judgment against Defendants as follows:
a. That Plaintiff recover the full value of past and future medical expenses and past and future lost wages in an amount to be proven at trial;
b. That Plaintiff recover for physical pain and suffering, loss of enjoyment of life, and emotional distress in an amount to be determined by the enlightened conscience of the jury;
c. That Plaintiff recovers punitive damages, reasonable attorney’s fees and costs of litigation and any statutory penalties allowed by law;
d. That Plaintiff recovers such other and further relief as is just and proper;
e. That all issues be tried before a jury.
This ________ day of July, 2007.
IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
MICHELLE CORE, )
)
Plaintiff, ) CIVIL ACTION
vs. )
) FILE NO. ________________
JOSE ROSE and
CHRISTIAN JONES, )
)
) JURY TRIAL DEMANDED
Defendants.
)
)
COMPLAINT
COMES NOW Michelle CORE, Plaintiff, and makes and files this complaint against Defendants Jose Rose and Christian Jones as follows:
JURISDICTION AND VENUE
1.
Plaintiff is a resident of Georgia.2.
Defendant Jose Rose(hereinafter referred to as “Rose”) resides at XXXXXXXX Drive, Lawrenceville, Gwinnett County, Georgia 30043, and may be served with a copy of the Summons and Complaint at this address.3.
Defendant Christian Jones (hereinafter referred to as “Jones”) resides at XXXXXXX Boulevard, Norcross, Gwinnett County, Georgia 30093, and may be served with a copy of the Summons and Complaint at this address.4.
Jurisdiction and venue are proper in this Court.BACKGROUND
5.
On or about September 7, 2005, Plaintiff was driving a vehicle traveling eastbound on Duluth Highway in Lawrenceville, Georgia.6.
Defendant Rose negligently collided with the rear of Plaintiff’s vehicle.7.
Defendant Rose was cited at the scene for following too closely.8.
As a result of the collision, Plaintiff suffered serious injuries.LIABILITY OF CHRISTIAN JONES
9.
Defendant Jones had knowledge that Rose was incompetent to drive and allowed him to have access to the motor vehicle anyway. Accordingly, Defendant Jones is liable for the negligence of Rose.NEGLIGENCE OF ROSE
10.
11.
12.
Defendant Rose was the sole proximate cause of the collision.13.
14.
WHEREFORE, Plaintiff prays that she have a trial on all issues and judgment against Defendants as follows:
a. That Plaintiff recover the full value of past and future medical expenses and past and future lost wages in an amount to be proven at trial;
b. That Plaintiff recover for physical pain and suffering, loss of enjoyment of life, and emotional distress in an amount to be determined by the enlightened conscience of the jury;
c. That Plaintiff recovers punitive damages, reasonable attorney’s fees and costs of litigation and any statutory penalties allowed by law;
d. That Plaintiff recovers such other and further relief as is just and proper;
e. That all issues be tried before a jury.
This ________ day of July, 2007.
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