Written by lawyers, edited to be simple to understand
When someone else’s negligence or intentional act caused you to get hurt, you have a right to expect the at-fault party to pay for your losses.
It is wise to try to resolve your dispute out of court, so your first attempt at recovery of injury compensation should be a simple request to the other party. As you probably know, this usually doesn’t work. Thus for relatively minor injury claims, small claims court might be your best option, especially if you intend to handle the case on your own. In the past, this meant attempting to navigate the filing process and court system alone.
Those days are over. Small claims court is no longer a last-ditch option for frustrated parties who have tried numerous ways to get back what they’re owed. It is now a powerful route that can be accessed in minutes on Swiftclaim.
We’ve created this guide for you to help you get what you’re owed for your injuries.
IS SMALL CLAIMS COURT RIGHT FOR MY INJURY CLAIM?
When your injuries are relatively minor, you can resolve your claim on your own.
It’s important to know what your claim is worth to choose the best option for your circumstances.
Small claims court might be right for you when:
- Your “hard costs” for medical bills, out-of-pocket expenses, and lost wages are within the small claims court limits for your state
- The at-fault party doesn’t have insurance or insurance negotiations have stalled
- You’re comfortable arguing your case in front of a judge
The small claims process starts the day the lawsuit is filed and ends when the judge decides who wins, but there are important aspects of your case to consider upfront.
What You Won’t Get in Small Claims Court
Most states do allow recovery for injury claims in small claims court, but you won’t be awarded “non-monetary losses” (asking the court to require the other party to do something or not do something).
Small claims court is all about settling money disputes, so you won’t get the judge to order the owner of a house to rip out their dangerous front porch, even if you tripped on a nail and sprained your foot.
Don’t expect to stroll out of court with a check in hand. If you win your small claims case, you will be awarded a “judgment” against the party you sued.
If the at-fault party was insured, their insurance company will probably pay you in a few weeks. Otherwise, you will have to “enforce the judgment” by taking further action, such as:
- Formally asking the other person to pay you
- Agreeing to accept a payment plan
- Garnishing the person’s wages
- Placing a lien on the person’s property
Many state courts have departments set up to help with enforcing judgments. Attorneys can assist as well. Swiftclaim will roll out its enforcement feature in early Winter 2021-Spring 2022 and you’ll be able to choose whether you want to enforce all through Swiftclaim.
Terminology
It helps to know some legal terms used in court cases:
- The Plaintiff is the party filing the lawsuit. You are the plaintiff, even if an attorney files the case for you.
- The Defendant is the party you are suing who caused you harm. Injury lawsuits are filed against the at-fault party, not their insurance company.
- The Complaint, also called the Petition, is the document filed to begin a lawsuit. You will state the reason for the lawsuit, whom you are suing, and the amount of money you’re seeking.
- Service of Process is the way the defendant is notified of the lawsuit. Each state’s court will have rules and instructions.
- The Judgment is the judge’s final decision about your case.
Many states have official “Small Claims Courts.” Others hear these cases in Municipal Courts, City Courts, or Justice of the Peace Courts. The name depends on your state and the types of cases that are heard.
Traditionally, plaintiffs were required to research and find the right small claims court, depending upon several factors. On Swiftclaim, your jurisdictional optimization is done automatically with Swiftclaim.
Small Claims Court Limits by State
The basics of small claims lawsuits are similar across the country, but the specific procedures vary, so historically, plaintiffs would need to check their county court’s requirements carefully.
Today, with Swiftclaim’s jurisdiction optimization, just answer basic questions with Swiftclaim and you can be sure that your filing will be done right. When you’re asked how much you’re owed, enter the figure, and Swiftclaim will automatically let you know if the amount you’re seeking is within the limit for your jurisdiction. If it’s not, you can waive the excess amount and just sue for the maximum through Swiftclaim (or hire an attorney to sue outside of small claims court).