Rules on Auto Accident Lawsuit in Small Claims Court
If you are a car accident victim, the logical and legal action is to file a personal injury claim to recover your damages or loses; you know that, right? But the question is, where would you initiate it? While you are already aware of the legal basis of the case, you do not probably know the right court that will handle the lawsuit you intend to pursue. The basis to determine such is the amount of your claim; hence, if that is only a low figure, the small claims court would take cognizance of the case. At this venue, there are rules which are distinct from those being followed in the higher courts. So you have to note of those for proper presentation and resolution of your injury claim; some of the most essential information are explained below:
Is it Hard to File a Case in Small Claims Court?
Unlike in the higher courts where the processes could be somewhat complicated, the case in small claims court is the opposite. It is quite easy for you only have to complete the required form which you can get from the court clerk or download online. You will be paying a small fee then, but the other driver or the negligent person who caused your injury will later be ordered to pay it back if you win the case. After the payment, you need to go through the “service of process”, or you will deliver the court papers to the accused. You are free to hire a local sheriff or constable to do the same, and the expense will be paid back if you win the case.
How about the Pre-trial Procedures?
Contrary to typical misconception, there are no complicated pre-trial procedures in the small claims court. This is so because the court is primarily established to simplify the procedures for the ordinary citizens to represent themselves even without special training or assistance from WarLawGroup. But there may also be some limited procedures relative to your rights in receiving written questions (interrogations) from the opposing party, and you have to answer those; otherwise, you will face corresponding penalty to be imposed by the court. Yet, it is noteworthy that the technical rules of evidence do not also apply in small claims court, which is why you can present exhibits or evidences without necessarily abiding by the stringent rules.
What does it Require to Win the Claim?
Obviously, this is the ultimate concern regardless of whether the case is brought on to higher or lower court. But for the purpose of this article, the elements you have to establish in small claims court are the cause of the accident and the damages or injuries you have sustained from which. In other words, the first issue here is the liability and the second is the damages; both have to be proven by lawyer for malpractice in order to win your claim. As such, it is very crucial that you support your case with strong evidences showing the fault of the accused and the degree of your injury.
Will You Get Paid if You Win?
It is the negligent driver or the insurance company which will probably be required to pay the compensation, but either can appeal the judgment of the court being an exception (not a rule) in the case. In instance where the other driver has no insurance or will not pay you voluntarily, you may be facing another problem; hence, you should know from legal malpractice lawyer the legal procedures to collect the judgment. The options here include attaching the wages of the accused or garnishing his bank accounts or assets.
Also interesting is that you can represent yourself in small claims court, and that would mean avoiding the expense on hiring a personal injury lawyer. But do consider working with one if your case involves higher amount of damages or loses.