There are a variety of different instances that warrant a small claims suit.
People frequently bring cases of bad debt, property debt, and breach of contract into small claims.
There are plenty of other reasons to take a defendant to claims court. Personal injury cases are one of the most common small claims case types.
For the average person, filing suit in court isn’t something they are likely to do.
ut with healthcare costs, many people have no other recourse than to file suit in the event that they are injured.
However, liability and fault need to be established.
In many instances, individuals need to retain legal counsel to navigate the courts a prove that their injuries were the result of negligence by a liable party.
But don’t worry, no one will be going to jail.
Small claims courts are part of the civil court system, not the more widely-known criminal courts that are responsible for widespread incarceration.
Personal Injury Is One Of The Most Common Suits
Of all the different kinds of claims made in small claims court, personal injury is one of the most common.
That’s because it’s the suit of the common person. When people are injured, bills pile up.
Regular people don’t want to sue, but they have to. They may be facing bankruptcy, especially if they don’t have good insurance.
Personal injury resulting from the negligence of a different person is extremely frustrating.
Depending on the type and severity of the injury, an injury victim could suffer injuries ranging from a mild inconvenience and missed work all the way to permanent disability and the inability to ever work in the same capacity again.
In the case of the latter example, the claimant will need no longer be making income and they will now have additional expenses, such as exorbitant medical debt and a lifetime of care services.
There’s no reason for that unfortunate person to suffer in silence while the liable party suffers no consequences.
That’s why personal injury suits are so popular.
Injury Cases Vary In Cause And Consequences
There are countless kinds of personal injury suits. If a person is injured and a liable party is to be found, then a personal injury case can be brought against them.
This is why it is a mandate for business owners and drivers to maintain liability insurance.
These kinds of claims have experienced a lot of scrutiny and ridicule because of some very frivolous and high-profile cases that were brought to claims court.
In spite of the bad name they’ve received, personal injury cases are an essential function of the court. Most personal injury claims are made by real people that were just in the wrong place at the wrong time.
Some cases are more common than others. Slip and fall suits and malpractice claims are two of the more common types of cases brought before the court.
Injuries resulting from a dog bite are also often litigated. Injuries resulting from an assault or workplace injuries are also very common types of small claims cases.
There are many legitimate reasons to file a small claims suit
- Motor vehicle accidents
- Slip and fall
- Workplace injury
- Premise liability injuries
- Medical malpractice
- Emotional damage
- Dog bites
- Construction accidents
- Product liability
Many of these will sound familiar, but some need a little description.
Premise Liability Injuries
These are the kinds of injuries that occur due to accidents on another’s property.
The property in question could be your neighbor’s, a place of business, or a public space. People may even sue their friends and family.
In this instance, it may even be mutual and is done as a requirement to prove liability and get the insurance to pay the injured party.
When insurance is involved, all kinds of amicable suits may be required for the company to pay out benefits.
However, this is not the case in most instances.
Slip and fall suits are a kind of premise liability suit that claims because of wet or uneven surfaces, the claimant’s fall was of no fault of their own and with injuries resulting from the fall in question.
Emotional Damages May Be Awarded
Sometimes the damage doesn’t even need to be physical.
If there are legitimate emotional damages resulting from a form of libel or slander, or some other event the claimant was forced to endure, then the courts may determine liability and award financial compensation to the claimant for emotional distress.
Product Liability Claims Are The Best Known Type
This is the kind of claim that results from the use of a fault or dangerous product.
The most famous of these cases is probably the hot coffee incident that saw huge damages awarded to a woman for spilled coffee.
As frivolous as that sounds, the elderly woman in question received considerable burns and required rehabilitation.
It was also found that in spite of common sense, the coffee was heated to an unreasonably high temperature before being served.
This all added up to damages being awarded to a customer that should not have been severely damaged by an everyday product.
This suit and many like it have given rise to the product warning label placement that is found on every product, sometimes to ridiculous extents.
Motor Vehicle Accidents Are The Most Common Type
Car accidents take the number one spot. With so many people driving and commuting every day, accidents are unavoidable.
With speeds exceeding 85mph in some places, physical injuries often result from these traffic accidents.
This all adds up and guarantees that motor vehicle accidents stay at the top of the list. Millions of Americans are injured in car accidents each year.
If you are responsible for making a claim, it’s likely that it will be for a car accident. You may be responsible for multiple claims but you don’t even realize it.
That’s because the insurance companies usually do it behind the scenes in most instances as the fault has already been determined by the responding officer at the time of the incident.
Therefore, there is no need to appear or do anything else except sit back and wait for your check(or for your premium to go up depending on where blame was placed).
As demonstrated above, any negligent injury could be grounds for a lawsuit regardless of the cause.
As long as liability can be determined, a personal injury suit can be won no matter how frivolous.
Depending on the defendant, collecting the damages might be another story.
Regardless of the cause, if you are injured, don’t be shy to file suit and get the compensation you need to maintain your rent and bills.