QUESTION
if i lose in small claims court do i have to pay the defendant's attorney/legal fees and court costs?
Asked on Aug 02nd, 2014 on Automobile Accidents - Indiana
More details to this question:
I was rear-ended by a truck driver and their insurance company initially denied the claims and I sued. i was attacked at the scene by the truck driver and he was arrested.
1 ANSWER
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Erick,
Under Indiana Law, generally the only way that a party can be ordered to pay another party's legal fees is if there is a statute that allows for the prevailing party to get fees, or if the parties have a contract that allows for the prevailing party to receive fees from the losing party. In a civil tort case such as yours, you do not have a contract with the other party, and Indiana Tort Law does not allow for the prevailing party to recover attorney's fees. In small claims court, the maximum you can recover from the tortfeasor is $6,000. Good luck!
Chip
Answered on Aug 04th, 2014 at 6:22 AM