Legal Question in Criminal Law in California

Re: Assault Victim - What are my small claims court options?

You have a very good case against him, though you might not want to rush into a small claims action just yet. Your recovery in small claims court is limited to $7,500 plus interest and costs, but even if your medical bills thus far are less than that you may have complications which will require additional treatment later on at additional cost.

If your expenses were limited because you are covered by medical insurance or are a member of an HMO, the insurer/HMO is entitled to reimbursement of its expenditures if you win a judgment. Thus, if the bills were $10,000 but you only had to pay a $500 deductible, the defendant must still pay $10,000 and your insurer will be entitled to its share, less attorney fees and expenses.

You may also seek damages for pain and suffering as well as punitive damages. These sums may bring the value of your case well above the $7,500 small claims limit.

Another point to keep in mind is that a judgment will not be worth much unless the defendant has assets from which he can pay it. Even a case that might justify a very large award might not be worth pursuing if the defendant cannot pay anything.

Your best bet is probably to consult an attorney in person about your case in order to learn more about your options and how to go about enforcing your rights.

Good luck.

Re: Assault Victim - What are my small claims court options?

If he is convicted, you have a near-automatic win. If not, you have a possibility of a favorable verdict, which in either case could be far more than the $7500 small claims limit. The key question here is whether or not this bottle-breaking thug has a job, or other money or assets worth suing over.

Re: Assault Victim - What are my small claims court options?

If the assailant has assets it may be that your collectable damages will far exceed the jurisdiction of small claims court. Call me directly at 1.619.222.3504.