QUESTION
Should I sue someone in small claims court?
Asked on Oct 22nd, 2011 on Personal Injury - Florida
More details to this question:
I want to sue someone in small claims court. I had to get surgery to fix my nose and couldn't work for a week. However, my out of pocket costs were minimal due to the fact that I have insurance. I want to sue mainly for pain and suffering. How do I figure out the amount I should ask for especially with continuing issues? I am also harassed on Facebook by other people about this incident .
15 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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The small claims Judge will decide what the proper amount should be for pain and suffering, assuming that you prove the other side is liable to you for damages. When making that determination, the Judge will look at evidence such as your testimony about your pain, the level of the pain, the amount of time that it lasted, and the general effect it had on your life. The Judge will also look to evidence of the amount of lost wages and medical expenses when making his/her determination. Understand that in Indiana a small claims court is limited in what they can award with a cap of $6,000.00. If you plan to seek more than that amount, you will need to file in another Court. Regardless, you would be wise to at least seek a consultation with a personal injury attorney to get an idea of what your case may be worth.
Answered on Feb 20th, 2012 at 3:56 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You do not state how you got injured and why the other guy is responsible. If you got some money, did you sign a release? If so, you would be barred. If not, you can try small claims. It is difficult to assess what your demand should be without knowing all of the details and the total medical expenses. You might as well ask for the max ($7500) and let the judge decide. But you need good evidence (which can be your testimony) of how this incident has really affected you and caused you emotional distress. Explain about disruption to daily activities and from work if it applies. Good luck.
Answered on Oct 25th, 2011 at 11:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You did not say what the incident was nor what the injury was. Sounds like maybe an assault? You can sue for up to $5000 in small claims (Judge Judy court) If I have personal injuries I would sue for the max and say it is for personal injuries, pain and suffering.
Answered on Oct 25th, 2011 at 2:02 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Whether you should or not is up to you. I assume from the question that someone else broke it for you. Check with your local municipal court to find out what the limit for small claims court is. Ask for the maximum.
Answered on Oct 25th, 2011 at 1:30 PM
Sam Louis Levine
It depends on whether someone who had a legal duty to you was negligent & their negligence caused your injuries. I would need to know more of the facts. I would speak to an attorney to evaluate your case. Be sure to keep a record of all of your medical bills & expenses. You should also maintain a pain log.
Answered on Oct 25th, 2011 at 1:30 PM
Assault Attorney serving Richardson, TX
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Small claims court is probably the best answer. Contact the court to get the details, in most cases they are very helpful and can give you direction.
Answered on Oct 25th, 2011 at 1:07 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you mean that someone was at fault in damaging your nose that required surgery then you should get a lawyer and sue for the big bucks.
Answered on Oct 25th, 2011 at 3:20 AM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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You can sue in the Magistrate Courts of Georgia for up to $15,000.00. If you were injured by the negligence or an intentional act of someone, then you have every right to bring an action against them. If you do proceed with a lawsuit in Magistrate Court, you as the plaintiff have the burden of proving that the defendant is liable for your injuries and you have the burden of proving your damages. If you prove liability, then you are entitled to reasonable medical bills, loss wages and for your pain and suffering. A Magistrate Court Judge will decide the value of your claim based upon the severity of your injuries. If you were injured by the willful or intentional act of another, the Judge could also award you punitive damages in addition to your compensatory damages. Some factors a Court is likely to look at in determining a sum for your pain and suffering are (a) number of visits you made to a medical provider; (b) inability to work and labor (c) amount of your injury related medical bills; and (d) inability to engage in social and recreational activities. You can also have friends and family members testify for you to prove your pain and suffering.
Answered on Oct 25th, 2011 at 2:12 AM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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If you believe that you have been injured by another person in violation of your rights then you certainly could sue. However, having the right to sue doesn't necessarily mean you have a very good case.
Answered on Oct 24th, 2011 at 6:42 PM
You should not sue for this in small claims court. You might have a medical malpractice claim; if you wish to pursue it contact an attorney who specializes in medical malpractice.
Answered on Oct 24th, 2011 at 6:42 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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It's difficult to tell what happened from what you wrote, but here are some things to consider. Small claims court has a damages cap of $5,000. If you're seeking more then that to compensate for what happened, you should consider taking your case to a higher court like district or superior court. If your health insurer paid for your medical bills, you will have to reimburse the insurer if you collect any money from the at fault party. Because of that, you'll need to figure that into whatever you are asking for. Frankly, you should strongly consider taking your case to an attorney with experience making claims for injury. Surgery claims require significant proof and medical documentation. Your claim would likely benefit from at least some attorney guidance.
Answered on Oct 24th, 2011 at 6:27 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Small Claims court is for property damage only.
Answered on Oct 24th, 2011 at 6:17 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I can't answer your question without knowing about "the incident". If someone battered you (hit you in the nose, breaking it) then you need to know your health insurance might ask you to get their money back for them.
Answered on Oct 24th, 2011 at 6:10 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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How did you get your nose broken? The value of your pain and suffering likely exceeds the jurisdictional limits of small claims court.
Answered on Oct 24th, 2011 at 6:10 PM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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Without knowing the circumstances of what lead to your need for surgery, one cannot give you specific advice. I suggest you speak to a personal injury attorney as soon as possible so that person can give you recommendations concerning your case.
Answered on Oct 24th, 2011 at 6:03 PM