Small Claims Cases
Assume that you sustain a personal injury due to someone else's negligence
or misconduct, but your
damages
are very minor. You decide
that you are interested in filing a suit in small claims court, so you don’t have to share any part of
your small judgment with a personal injury attorney. This article, which does not constitute legal
advice, explains some basic issues in small claims case.
First, it is most important to determine that this is a case appropriate for small claims court.
Each state has a maximum recovery amount which may be sought in small claims court; if there is
any possibility that your judgment will exceed that monetary limit, you should not file in small
claims court. The best way to determine your maximum possible recovery is to consult with a personal
injury attorney. The consultation should be free; the personal injury attorney should inform
you if he or she is not interested in your case since your damages are so minor (and the attorney
won't be sufficiently compensated for his or her time on your case.)
If your meeting with a personal injury attorney or two confirms that you have a case appropriate
for small claims court, check with the Small Claims Court in your jurisdiction to determine if
it offers any brochures or other written information about how to file a claim. Since most states
do not allow small claims parties to be represented by an attorney, they usually provide written
information about how to proceed and this will be a valuable resource.
Generally, you initiate a small claims court case by filing a Complaint. The Complaint must be
served on the other party (the defendant.) Every jurisdiction has its own rules as to how the
Complaint must be served on the defendant, and it is critical to your case that you do this
correctly or the court may dismiss your claim. Many states allow service through certified mail,
and do not require service by a sheriff or other third party.
After the defendant is served, and proof of service is submitted to the court, you should receive
notice of a hearing date at the small claims court. If you do not appear at the time and date
set for your hearing, your case will almost certainly be dismissed. If for some reason you cannot
attend at the scheduled time, contact the Small Claims court clerk and ask if you may request
a continuance (a postponement of the hearing.)
To prepare for your hearing, think carefully about what you are asking the court for, why the
defendant is responsible for your personal injury, and what evidence you have to support your
case. Your testimony is far less important than the other evidence you can produce to corroborate
your story, like a police report, an estimate of the damage to your car, notarized witness
statements, medical bills, a note from your employer about the time you missed from work, etc.
The judge will not take into account any evidence that you wish you had brought with you to the
hearing, so err on the side of bringing too much rather than too little. Organize your documents
before the hearing so you can quickly find any evidence you want to submit to the court.
Arrive early for your hearing and watch some others so you get an idea of how the judge handles
the hearings. As the plaintiff, you will put your case on first. Make sure you have thought
about what you are going to say before this time; most judges have little patience for
unorganized testimony, sifting through documents to find what you want, etc. The defendant
will then get a chance to present his or her evidence. The judge will listen to both cases,
and make a decision.
If you are awarded a judgment, the next step is collecting on your
personal injury judgement.