QUESTION
Is there a possibility in making more from this case?
Asked on Mar 17th, 2014 on General Practice - Massachusetts
More details to this question:
I am looking to take a large business to court for damaging my vehicle during repair. They denied my claim that it was their fault- but I have a mechanic that saw it before and after, who is willing to go to small claims with me. I am curious if when I go to small claims if I can also look for more money from the company for the mental strain that I have gone through, during this period. Also, I am not sure what 'area of law' this falls under.
1 ANSWER
I am not familiar with Massachusetts law specifically, but damages for mental strain are generally not available in this type of case, and also generally require more proof than just your testimony, like the testimony of a treating psychiatrist. In addition, small claims courts often lack jurisdiction to award damages for mental strain. Finally, any such damages are likely to take you over the jurisdictional limit of a small claims court.
Answered on Mar 17th, 2014 at 6:34 PM