November 3, 2020 |
The Barnes Firm |
Maggie Karnath
If you were in a car accident for which you were not at fault, you may have missed work as a result of injuries you sustained. In fact, you may be wondering if you can ask for those lost wages in small claims court. The answer, provided by the expert attorneys at The Barnes Firm Community: “Yes, you can make a claim for lost wages, provided you were not determined to be at fault and you missed work as a result of your injuries in the accident.”
It is important to note the amount you can recover in small claims court is limited to $10,000. This includes all your damages – medical bills, lost wages, pain and suffering. With that in mind, if you have been the victim of an accident and are considering small claims court to help with the damages, call on The Barnes Firm. Our personal injury attorneys are at the top of their field and can answer all your questions while evaluating your case.
Small Claims Court Explained
There are times when even if you have been the victim of a car accident, your situation may not warrant a lawsuit that would include trial court and attorney fees. In these instances, it may be better to take your car accident case to small claims court. In California, small claims court features a trial by judge who hears smaller dollar amount claims against individuals or companies. Should the case fall short of expectations, the losing party can appeal the loss for a later jury trial.
Small claims court is often used when minor injuries have occurred, through no-fault of your own, and insurance negotiations for compensation fail. You’ll need to know what your claim is worth before proceeding. This may include medical bills, lost wages, and out of pocket expenses. You will be arguing your case without an attorney.
Small Claims Court Won’t Provide…
Generally small claims court handles disputes over money, which means small claims court is unlikely to award your claim for pain and suffering, punitive damages, or other non-monetary type losses. You will be awarded a judgment, which in most cases, the at-fault party’s insurance will pay, provided he or she is insured. If not, you will have to enforce the judgment by asking for payment from the at-fault party and then accepting a payment plan, placing a lien on his or her property, or garnishing his or her wages.
Call on The Barnes Firm After Your Car Accident Before Heading to Small Claims Court
Following any car accident, and before heading to small claims court to file your own lawsuit, call on the expert team at The Barnes Firm. At The Barnes Firm, you will get a FREE case evaluation with the best car accident lawyers who will answer your questions honestly and help you get the compensation you deserve. Whether you are seeking lost wages, payment of medical bills, vehicle repair, pain and suffering, or punitive damages; The Barnes Firm can help guide you successfully through the process.
Call (800) 800-0000 today!
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car accident , lost wages , small claims court , The Barnes Firm
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