QUESTION
Can a person be denied of pain and suffering in court?
Asked on Aug 25th, 2013 on Personal Injury - Florida
More details to this question:
I won a small claims case over an injury that happened in a casino but I was denied pain and suffering. Most attorney say the law provides for that and that I should take it to civil or criminal, is this correct?
9 ANSWERS
Ronald A. Steinberg
The jury decided that you were not entitled to pain and suffering. You apparently are not a good witness.
Answered on Sep 09th, 2013 at 4:28 PM
James Eugene Hasser
You can be denied an award for pain and suffering if you fail to prove it. You probably should consult a lawyer before proceeding further.
Answered on Aug 27th, 2013 at 5:19 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Pain and suffering is a reality not a hope or a wish or a right. if you had a small claim maybe the magistrate did not see any substantial pain or suffering. Why don't you let it drop if it is small. Nobody cares about small claims.
Answered on Aug 26th, 2013 at 2:24 PM
Thomas Edward Gates
Pain and suffering is not given in a small claim matter, since one would have to prove the claim and small claims is not set-up for that.
Answered on Aug 26th, 2013 at 1:05 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It can go either way, it's not automatic. The court awarded you the amount that it deemed appropriate. You don't like it, too bad, you get what you get. Also, if the casino is on indian reservation property, then medical expenses is all you are going to get and small claims court doesn't even have jurisdiction.
Answered on Aug 26th, 2013 at 11:26 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can't take it anywhere now. The case has been heard. You may be entitled to pain and suffering if the trier of fact that you deserved to be compensated for it. Obviously the judge in this case didn't think you deserved to be compensated for it. You lose.
Answered on Aug 26th, 2013 at 11:25 AM
Worker's Compensation Attorney serving Encino, CA
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Law Offie of Sabzevar, F. Michael
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The short answer is yes. There is no guarantee that you will awarded pain and suffering when you file a suit. It is up to the terrier of the fact (judge or jury) to decide on what you are awarded.
Answered on Aug 26th, 2013 at 11:24 AM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
I don't know why the Court didn't award pain and suffering, but if you proved you had pain and suffering there should be an award for it. You can appeal the Small Claims decision to District Court.
Answered on Aug 26th, 2013 at 11:24 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Once the case has been concluded in small claims court, you can't refile or transfer it to circuit court.
Answered on Aug 26th, 2013 at 11:05 AM