QUESTION
Can I sue for pain and suffering in small claims court?
Asked on Apr 28th, 2013 on Automobile Accidents - Washington
More details to this question:
I got in a car accident on 04/17/13, the guy who hit me is at fault, he made a u-turn on a one way and smashed in the passenger side of my car. He does not have insurance and mine is liability. As we are filling out the small claims plantiff packet it is asking to put the amount I am suing for. I went to the emergency room the day of the accident, and took that day off of work. There was minimal injury the doctor put that it was back bruising and whiplash. My back hurts every now and then but is ok after Tylenol. There is no insuance companies invloved, what is appropriate amount to ask for pain & suffering?
3 ANSWERS
Personal Injury Attorney serving San Diego, CA
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Law Office of Evan M. Himfar
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I'm sorry you were injured in the automobile accident. In small claims court, you can request compensation for your injuries, including lost wages, damages to your vehicle, medical bills, and for your pain and suffering. In San Diego, where I practice personal injury law involving motor vehicle accidents, small claims court sets a maximum recovery of $7500 for vehicle accidents. There is no magic formula that determines the monetary value of pain and suffering as all injuries affect people differently. However, it sound like you have yet to completely recover and are still experiencing pain. It would be wise to wait until your injuries and pain were completely resolved before filing a lawsuit as you only get one opportunity in court to recover for your injuries. It may be advisable to seek follow up diagnosis and treatment with a health care provider if you are still experiencing pain. After you know the extent of your injuries, you will be in a better position to assess how much compensation to ask for.
Answered on May 02nd, 2013 at 2:23 AM
Christian Joseph Menard
You can sue for pain and suffering on small claims court. Jurisdictional limit is $10,000.00. Sue for that amount and the judge, after hearing all the evidence, ascertaining all your medical bills and injuries will make the determination as to how much you will get.
Answered on May 01st, 2013 at 1:02 AM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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Ask for the limit in small claims court. Bring your medical records and be prepared to discuss the pain and suffering .
Answered on Apr 30th, 2013 at 11:58 PM