Legal Question in Personal Injury in California
Pain & Suffering Claim
If medical expenses are incurred in an auto accident, can you sue for pain and suffering as well as the medical casts in small claims court?
1 Answer from Attorneys
Re: Pain & Suffering Claim
Yes you can sue for pain and suffering as well as medical bills in small claims court. However, you are limited to $5,000 in total damages. If you sue in Municipal Court you can sue for up to $25,000. Hopefully, you are suing someone with car insurance. It is hard to collect from a private party. If they really want to avoid paying you, they will. If they are insured, I would recommend going through municipal court. It is not that expensive and as an attorney who specialized in personal injury accidents, I handle these kind of cases on a contingency basis, which means that you don't have to pay any money up front and I don't get paid unless you win. If you would like to discuss this matter with me further please feel free to contact my office toll free at 877-546-9918. I look forward to hearing from you.