Legal Question in Civil Litigation in California

Re: Law Suit Forms

The small claims limit is $7,500, not including interest and expenses. That's only $500 less than she is owed. The additional expense of litigating outside the small claims court would likely be much more than $500, so it might make sense for her to sue for only $7,500 and forfeit the remaining $500.

One downside is that she will have to represent herself in small claims court (unless she has a legal guardian or conservator) and won't be able to have a lawyer there with her. Depending upon how serious her impairments are she may not be able to protect her interests adequately in the courtroom. Most judges would be somewhat flexible in this situation about allowing relatives to help her, but there will be limits on what you (or another friend or family member) will be allowed to do.

Re: Law Suit Forms

I am sorry that she is suffering from her injuries. Do you know whether she had uninsured motorist insurance coverage?

If so, then assuming the accident was not her fault she can recover for her injuries and damages.

Additionally, if she had health insurance, they should pay for her medical bills.

Finally, depending upon the extent of her injuries a conservator or guardan may need to be appointed through the court.

I would be happy to speak with you regarding the matter.

Re: Law Suit Forms

1. Small claims is probably her best bet, since she can claim $7500 plus interest, and it costs essentially nothing, and takes a month or two. If he gets sued, he may pay. If he has no money and you have no way of enforcing and collecting on a judgment, you're better off not spending a lot of money to get the judgment.

2. Filing in Superior Court costs $320 filing fee, generally requires paying an attorney to navigate the system successfully, and takes up to a year. Highly not recommended in her case.

3. If she has no automobile uninsured motorist insurance or medical insurance to cover her bills, then there is nothing anyone can do for her on the accident, except point her towards welfare, and to the Victim Witness fund at court - have her contact her local branch and see if she is entitled to a claim because of the crime she suffered.

Re: Law Suit Forms

Small claims now goes up to $7,500.

Re: Law Suit Forms

Her health and/or auto insurance, if any, should cover many if the bills. As to the claim, I agree, small claims is the way to go; superior court will require an attorney, who will cost more than $500, making that a losing proposition even in the case of a successful judgment and collection. There is usually some information about it on your your local county's superior court website, which - if the ZIP you provided is accurate - is L.A. County. See http://www.lasuperiorcourt.org/smallclaims/ & http://www.courtinfo.ca.gov/selfhelp/smallclaims/ for information, forms, and folks you can contact for futher assistance with a small claims matter.