Legal Question in Personal Injury in California
I'm in California. I had an accident while riding my bike: a car door opened on me. Police came a spoke to both of us and his conclusion was that he reserved judgement for who was at fault. Her insurance company denied liability because she said in the report that she already had the door open. Her insurance company never even took a statement from me. I had an AC shoulder separation and doctor said I could live with it or have surgery. I hired an attorney but he wouldn't take the case if I chose not to have surgery which is what I did.
I had $5000 med pay from my insurance for ER, PT, etc. and was off work for two months and had to go part-time over the last two years due to the limitations of my shoulder; I do deep tissue sports massage. I can prove lost wages.
Two years is fast approaching. I rang up her insurance company to try to get a settlement and they reiterated "denail of liability."
I know it was not my fault! I was told I can file in Small Claims Court
MY SPECIFIC QUESTION: California small claims court has a $7,000 or less as well as a $25,000 and over.
HOW DO I DETERMINE WHICH ONE TO FILE UNDER?
4 Answers from Attorneys
California small claims for injury cases is up to $10,000.00. Anything else has to go to Superior Court which is really beyond the abilities of most laypeople. Before you go to small claims on this surgery case, TALK TO ME. Give me a call at 877-546-6367
Before the statute of limitations runs (two years from the date of the accident) you MUST file a lawsuit, or you will never be able to recover for your damages. We've handled personal injury matters for twenty years. You are welcome to contact our office and we will be happy to steer you in the right direction.
Diana J. Spektor, Esq.
SPEKTOR LAW CORPORATION
16133 Ventura Blvd., Suite 700
Encino, CA 91436
Tel: (310) 277-0997 / (424) 245-5529
Fax: (310) 277-0998
e-mail: [email protected]
www.spektorlawcorp.com
The jurisdictional limits for California small-claims cases is $10,000. Cases seeking larger amounts must be filed in the Superior Court. So may cases seeking $10,000 or less; filing them as small-claims cases is optional.
If a Superior Court case seeks $25,000 or less, it is deemed a "limited jurisdiction" case. Those seeking larger amounts are called "unlimited jurisdiction" cases.
These three categories -- small claims, limited jurisdiction, and unlimited jurisdiction -- are governed by different procedural rules. As you might expect, the rules for small claims cases are designed to make them relatively simple and inexpensive. Limited-jurisdiction cases are more complex, but are still a lot simpler than unlimited-jurisdiction cases.
It's not practical to explain all of the differences here. In any given case, some will matter more than others. If you can, you should discuss your case in detail with a lawyer. He may be able to help you decide which option is best for you. The extent of your damages will be an important factor, but it's not the only one you will need to consider.
Finally, you must act quickly. Missing the limitations deadline would likely be fatal to your case.
Good luck.
Following up: I hope your statute of limitations has not yet passed. If there's still time and you haven't already settled, give me a call. Your case could be worth more than just small claims. 877-546-6367
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Am looking for lawyer i leave oakland ca dont win dont pay Asked 10/10/15, 1:16 pm in United States California Personal Injury Law and Tort Law
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