QUESTION
Should I go to small claims court and how will I do that?
Asked on Apr 23rd, 2015 on Personal Injury - Massachusetts
More details to this question:
I sprained my ankle on a broken stair-step in my apartment. I had repeatedly asked my landlord to fix the stairs but he didn’t. I want to recover for the medical bills and want him to finally fix the problem. The bills totaled about $4,000. Should I take him to small claims court or is there a better alternative?
11 ANSWERS
Edwin K. Niles
The limit in S.C. Court for injury claims is $7,500.00. If you are willing to accept that amount, then yes, by all means go to that court.
Answered on Apr 29th, 2015 at 1:24 PM
James Eugene Hasser
See if the landlord will turn your claim over to the premises liability insurance company. Consider consulting an experienced injury lawyer. Good luck.
Answered on Apr 28th, 2015 at 9:50 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Small claims is probably your only option, but check the court rules and make sure you can seek money for medical expenses and personal injury in your small claims court. Some small claims courts limit actions to property damage claims only. You may have to file in the Justice of the Peace court. The clerks will help you pick the correct court and they may have forms you can use to simplify your paperwork. Good luck. Welcome to litigation.
Answered on Apr 27th, 2015 at 7:43 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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The claim should be pursued informally until/unless litigation becomes necessary. Pay a lawyer on an hourly or contingent fee basis to assist you in the informal claim process and utilize the free Small Claims Advisor at your Courthouse if you must sue.
Answered on Apr 27th, 2015 at 7:43 AM
Thomas Edward Gates
Your only option if the owner refuses to pay is small claims. Go to the District Court and get the required form from the court clerk. It's only two pages and limited information is necessary to complete the form. You should talk to a personal injury attorney beforehand. Your case is worth more than the maximum $5,000 permitted in small claims. Most offer free initial consultation.
Answered on Apr 27th, 2015 at 7:24 AM
Ronald A. Steinberg
If you are on the lease, then under Michigan law, the landlord owed you a duty, both by the lease and by Michigan statute, to provide you with reasonably safe common areas. You are not only entitled to sue for the medical expenses, but also lost wages, and other foreseeable losses, including pain and suffering. Get a lawyer. Do NOT do it yourself, and especially don't restrict your recovery by going into small claims court.
Answered on Apr 27th, 2015 at 7:12 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Probably the first step is to send him a formal (but polite) letter setting forth the history of problems with the staircase, and also giving the facts of what happened to you. Include a statement of your cost and losses, including any lost time from work. Ask him to give notice to his insurance company. You might give him 14 days for him, or his insurer, to get back to you. You might hear from the insurer with a proposal for settlement. You can accept, reject, or negotiate further. If and when it is clear that you are not going to get a satisfactory settlement, you can sue him in small claims court. Good Luck.
Answered on Apr 27th, 2015 at 7:12 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, you should hire a lawyer who can negotiate with his insurance company, or file a lawsuit if that does not work. Reason: $4,000 for a sprained ankle tells me that this is not a simple sprain. There are degrees of sprain just like there are degrees of burns and it sounds like you've got somethhing fairly serious.
Answered on Apr 24th, 2015 at 7:29 AM
Lisa Hurtado McDonnell
Find out who his insurance company is an submit a claim.
Answered on Apr 23rd, 2015 at 10:40 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You might find an attorney to take your case, but you might be better off in small claims where you can sue up to $10,000 in certain circumstances. Hopefully you have good photos of the staircase in its broken condition.
Answered on Apr 23rd, 2015 at 10:13 PM
It sounds like you may have a claim for pain and suffering in addition to recovery of your medical bills. I strongly suggest that you contact an experienced slip and fall attorney for a free consultation.
Answered on Apr 23rd, 2015 at 8:14 PM