When it comes to negligence, most people who are on the receiving end (or technically, it is better defined as the not-receiving end) hope for some sort of compensation for their losses. If you are considering a case for personal injury, below are the answers to the question, “Is it possible to sue for negligence resulting in personal injury in small claims court?”
In most cases, personal injury cases are not heard in small claims court because small claims pertains to money damages. You may be able to recover moneys for what is termed “conscious pain and suffering,” depending on how much injury or damage you experienced. If you suffered a significant amount of injury as well as lost wages and had to pay medical expenses, you may have a case.
It can be difficult to establish pain and suffering than it is to establish another type of “money” claim. You must produce medical testimony and records as well as documentation of some sort, showing how much suffering you underwent as a result of the negligence of the defendant. If you experienced auto damages, you can perhaps more easily sue for property damages to your vehicle. You may also be able to sue in small claims for a loss of funds due to medical expenses that had to be paid as a result of the defendant’s negligence or loss of time at work – if you have documentation.
Can I sue for loss of enjoyment in life in small claims court?
Another claim often addressed when it comes to negligence is “loss of enjoyment in life.” Keep in mind that it is more likely that you will be able to sue in small claims court for medical expenses, lost wages or other out-of-pocket expenses (with proper documentation) than it is for you to sue for loss of enjoyment in life. Civil complaints for money are separate than those of physical or mental pain and suffering.