Today’s Question of the day Can you sue for negligence in small claims court

Today’s #QuestionOfTheDay On #SmallClaimsCourt comes from Verletz A. can you sue for negligence in #SmallClaimsCourt and if so how much SK?

Thank you for your #QOTD on #SmallClaims #Court, I am not sure if you are referring to personal injury or property damage from a car accident so I’ll explain both to you and go into much detail as I can for you.

In a negligence case in which you suffer personal injury or property damage because of the defendant’s negligence, you may also be able to recover money for “conscious pain and suffering,” depending on how badly you were hurt, in addition to lost wages, medical expenses. Most of the time cases for personal injury are not heard in #SmallClaims court because small claims is money damages.

Establishing pain and suffering is a more difficult undertaking than establishing a cut-and-dried monetary “Money” claim. You must produce medical records and medical testimony as well as establish documents of how much pain you suffered as a result of the defendant’s negligence. Even than you still may not win your case as #SmallClaims court was designed to sue for money damages so it is hard to prove up pain and suffering in the small claims court system. For example in a auto accident case you can sue for property damages to your vehicle also if you missed work and medical expenses you can proof money loss for but just pain and suffering you can’t put a price tag, which why small claims court is not the place to sue for pain and suffering.

Truthfully, the only personal injury cases I have seen go into small claims court are those where the plaintiff doesn’t have a lawyer because:

· The plaintiff is a difficult client — to put it politely.

· The defendant’s liability is difficult to prove.

· The injuries to the plaintiff are so inconsequential that no lawyer wants to waste time taking the case.

Medical expenses, lost wages, and other out-of-pocket costs are easy to prove if you have the proper documentation, but loss of enjoyment of life and other similar damages are harder to evaluate and prove in a court of law in the #SmallClaims court system..

Can you sue in #SmallClaims for Loss of enjoyment of life? This is a whole another claim and court. A civil complaint for money is a separate complaint than physical or mental pain and suffering. It refers to any damages that result in the plaintiff being unable to participate in activities or pleasures of life as he could previously. For example, a person who is paralyzed after being hit by a drunk driver can claim loss of enjoyment of life because he can no longer play with his children and is bedridden and stuck in a wheelchair there equality of life is gone. Small Claims court is not the court to sue for loss of enjoyment of life in.

For instance, if a dog bites you, it’s normal to be afraid of dogs. Bringing that statement into court will only result in a minimal damage award, for instance the medical costs incurred and the monetary value of the scar resulting from the bite or the stitches you received any value money damages you can proof in reason to the judge from the dog biting you.

Is Your case as a result after a car accident?

Damage to personal property also has it own rules and amounts you can sue for. If your car is damaged in an accident, then the amount of damages is the cost of repairs. You aren’t getting a new car from the accident; you’re only getting the value of the car on the date of loss.

Several things can happen after a car accident:
· You accept the defendant’s insurance company’s estimate, and take the money it determines it will cost to have the car repaired. In this case, you do not need to involve the court. This is what insurance is for.

· You reject the insurance company’s estimate, pay for the repairs out-of-pocket, and take the defendant to small claims court for the difference. You reject the insurance company’s estimate but can’t afford to pay for the repairs until you collect from the defendant.

· The cost of repairs exceeds the value of the vehicle Personal property damage

Trying to prove the value of old items of personal property is difficult. What you paid for it is not the measure of damages, nor is what it costs today to replace it. If you have a great deal of personal property damaged, it pays to hire an insurance adjuster to prepare a statement as to the value of the property on the date of loss, called actual cash value.

I hope I was able to answer your question. Small Claims court rules and laws are much different than most thing and the court room is not like judge Judy. It important to hire someone who knows what they are doing because each court in California the rules and regulations are much different in each court.

If you need help with a Small Claims lawsuit please visit our website or call our office and we be more than happy to assist you.

www.ezsmallclaims.net

Our office number is (909) 986-0883 9AM-6 PM

Best Regards,

SKAY STRONG
Top Small Claims Specialist in California

SK

by SK

Hello I am SK Strong and I am one of the top small claims specialist in California. I am here to help you! It is my goal to help each of my clients win their case and I do my very best to help and fight for you to win your case. I am not an attorney nor practice as one. However, I know the small claims rules and an advocate to help the public know there right when it comes to filling a small claims lawsuit, I help each client that contacts our office and do my very best to help you know your rights. My office assist with typing, filing, and serving your small claims all for you. My office is here for ongoing support and rated the best in customer service in small claims. Also rated A+ with the BBB. We Are EZ Small Claims bought to you by Yale Attorney Service, We been in business for over 33 years helping the public with all there Small Claims needs. We Will Type, File, and Serve and file the proof of service all for you, taking the stress and burden off you by helping you through the stressful process of a small claims lawsuit. When your court date comes you just show up to court and present your case. We do our best to make this easy for you. We put the "E" in EZ Small Claims. My father came up with the name EZ Small Claims back in 2005 and was using the name to start helping the public as he worked full time for many law offices and in 2010 I took over and took EZ Small Claims to be #1 in customer service and on going support during your entire small claims process. We are also BBB approved with an A+ rating. See why we are #1 in legal document assistance and process serving and Call us today. SK Strong EZ Small Claims Small Claims Specialist (909) 986-0883 skquestionoftheday@gmail.com * I am not a lawyer and do not practice as one. I am here to help assist you with small claims document preparation. Small claims court was made for the average person can afford to sue to get back money in a fair inexpensive matter, I post questions ask to me and answer that you can find on the court websites I am here to help the public understand their rights and be an advocate **** In preparation of these blog, every effort has been made to offer the most current and correct information possible. However, inadvertent errors can occur, and applicable fees, laws, rules, and regulations often change. None of the information provided on this site should be construed as legal advice. The information published is a general summary of the rules concerning service of process, or other small claims questions and may not apply directly to any specific circumstance.

11 thoughts on “Today’s Question of the day Can you sue for negligence in small claims court

  1. Josephine says:

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    • SK
      SK says:

      Thank you so much for your awesome comment, it really mean a lot to me for taking the time to leave me a comment.
      SK Strong
      EZ Small Claims
      Top Small Claims Specialist
      909-986-0883

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  3. John W says:

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    • SK
      SK says:

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      SK Strong
      Top small claims Specialist
      EZ Small Claims

  4. Jimmie and Milly says:

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    • SK
      SK says:

      I love to have my own TV show on EZ Small Claims We thought of doing a YouTube channel but with a special needs daughter its a bit hard, if anyone ever came to us for a reality show we would most likely do it . Thanks for your kind post

      SK Strong
      Top Small claims Specialist In California

    • SK
      SK says:

      I would love to have my own TV show on small claims and our business I think it be quite Entertaining

      SK Strong
      Top Small claims Specialist In California

  5. Perry Pelham says:

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  6. Shannon Erin says:

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  7. GalaQRonde says:

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