Legal Question in Personal Injury in California

Can I sue in small calims for pain and suffering?

I was driving down my street and a man slamed on his breaks to break check me, at the end of my street the man exited his vehical and came through my vehical window pushing me around and knocking off my glasses, i also felt a sharp blow to my left shoulder. I then told the man I was going to call the police and he thretend to kill me. I still called the police and had him arrested for the threat of killing me and he denied ever touching me. I have two eye witnesses that saw him take the action of ''roughing'' me up. Can i sue this man for pain and suffering in small claims. After the incedent I did not want to drive or even talk to anyone. Thank you for your time, I really appreciate this FREE service!


Asked on 5/13/04, 12:01 pm

3 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Can I sue in small calims for pain and suffering?

I would not take this kind of case to small claims court because most of your damages are not out of pocket and are therefore general damages, i.e. pain & suffering, loss of enjoyment of life, emotional distress, etc. I just obtained a 25k settlement for a person who was choked at a club.

Norm

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Answered on 5/14/04, 12:30 am
A. Russell Martin Law Office of A. Russell Martin

Re: Can I sue in small calims for pain and suffering?

Hi,

You may sue the guy who attacked you for battery and intentional infliction of emotional distress. You can seek exemplary or punitive damages for these torts to teach your attacker a lesson. I�d like to help you do that. Although I cannot ethically guaranty a particular result, you should be seeking damages above the small claims court�s $5,000 jurisdictional limits. Call me for a free consultation at (415)364-1604 to make sure your case is handled properly. If I take your case, my fee will only be a reasonable percentage of your actual recovery so you do not need to worry about payment.

I look forward to hearing from you soon.

Russ Martin

(415)364-1604

[email protected]

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Answered on 5/14/04, 8:04 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Can I sue in small calims for pain and suffering?

What the man did constitutes battery -- a harmful or offensive touching of your person without your consent. He also probably caused the accident. You are limited to $5,000 in small claims court. The hard part, of course, is trying to collect on a judgment. The answer to your question is "yes".

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Answered on 5/13/04, 9:22 pm


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