Understanding Small Claims Court for Personal Injury Cases in Los Angeles
Not all personal injury cases are worth tens of thousands or hundreds of thousand dollars. You may get into a fender bender and the total sum of your economic and non-economic damages may amount to $5,000 to $10,000. That said, you are entitled to compensation for those losses. Most of the time, receiving compensation in these small cases isn’t an issue––insurance claims can be efficient. In some cases, though, even where the damages are not extensive, insurance companies may still try to avoid or reduce a settlement. An attorney can help you negotiate, but even then, you may want to file a lawsuit. But if your claim is small, meaning $10,000 or less, your complaint should be filed in small claims court. Of particular note: you cannot have an attorney representing you in a small claims court. Instead, you can be educated and preparade well to protect your rights accordingly. Below is an overview of small claims for personal injury matters.
Small Claims Process in California
Small Claims can be processed through a number of courthouses in the County of Los Angeles. These types of claims are handled via an informal hearing without a jury. As already stated, lawyers are not allowed to represent the parties at a hearing for a small claim.
Who Files a Small Claims?
If you have a dispute over the amount of compensation you should receive for damages the at-fault party caused you, filing a small claims case may be your best bet in some instances. People who file small claims are those who:
- Have an unsettled dispute over money or property; and
- The damages total less than $10,000 (so you cannot demand more than $10,000).
You must have suffered harm that was the direct result of the at-fault party’s wrongful act or omission. Harm can be in the form of:
- Property damage;
- Bodily injury;
- Personal injury (e.g., reputation); and
- Mental distress.
Which Personal Injury Cases Are Heard in a Small Claims Court?
The types of personal injury cases that can be heard in a small claims court are the same that can be held at higher courts. The main difference is in terms of the damages you request. The most common types of cases include but are not limited to:
- Auto accidents
- Truck accidents
- Pedestrian accidents
- Bicycling accidents
- Dog bites or attacks
- Nursing home accidents
- Premise liability
- Landlord-Tenant
- Breach of contract
- Defective products
- Defamation
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Small Claims Process
Filing a claim in a small claims court is not difficult, but you want to follow some basic steps to make sure it’s done right. Claims can be thrown out when an error is made. One important tip to remember is this:
Get the Defendant’s name correct or else you may not be able to collect on a judgment.
Step One: Gathering the Evidence
The first thing to do is to get all of your paperwork together and organized. You want to identify:
- Who was involved (e.g., at-fault parties, other victims, and potential witnesses)
- What was involved (e.g., vehicles or other property)
- What happened (e.g., the events that led up to it, what was happening when the event occurred, the weather, the road conditions, etc.)
- Where it happened (e.g., city, property, street names, other)
- How it happened (including any photos, videos, or testimony memorialized in writing)
- When it happened (e.g., date and time).
You will likely have this information if you have already been dealing with the insurance company to settle a claim.
Step Two: Filling Out the Paperwork
The next step is completion of specific forms. You will have to complete SC-100 Plaintiff’s Claim & Order to Go to Small Claims Court, which is a form where you include information about the person or company being sued and why you are filing the lawsuit. This form is filed with the court clerk.
Step Three: Filing the Paperwork
In Los Angeles County, e-filing has been decommissioned temporarily (set to restart in 2021, but no date yet provided). Once you are ready, you can file the paperwork with the Clerk by:
- Fax;
- U.S. mail;
- Dropbox; or
- Appointment.
You will need to do so at the courthouse within the right jurisdiction. Jurisdiction is determined by:
- Where you live;
- Where the accident occurred;
- Where the defendant lives;
- Where the subject business is located; or
- Where the contract was signed, whichever suits you and the case.
So, in many cases, you may have more than one option as to where you can file. Sometimes, there may be a benefit to file in one specific jurisdiction––for example, the court may be closer, the judge may be known to be more empathetic in certain situations, or the wait for a hearing may be shorter.
Step Four: Serve the Defendant
Filing the claim is one thing, but you must also serve the defendant the papers and get proof of such service. Form SC-104 Proof of Service must be filed with the court once the Defendant has been served. You cannot serve the defendant. There are three ways the defendant in a small claims case can be served in California:
- Pay the Court Clerk to send the papers by certified mail;
- Have a friend or another family member serve the papers in person;
- Pay a fee and have the local sheriff or marshal serve the papers; or
- Hire a Registered Process Server.
If you choose either the Sheriff or a private service agency, they will file the SC-104 with the court for you. If a friend or family member serves the papers, you will need to file SC-104 yourself.
Keep in mind that your case can be detrimentally affected if you:
- do not serve by the deadline (typically 15 days before the court date or 20 days if the defendant is outside the county, but if substituted service is needed, you may have up to 10 additional days);
- do not serve the right person, business, or government agency; and
- do not serve properly.
Step Five: Attending the Hearing in Court
First, it should be mentioned that the defendant does not need to respond to the claim, but just show up for court. Second, the court will set a date for the hearing––typically 20 to 70 days after the claim was filed. You can bring evidence, like documents, videos, photographs, and even witnesses. As a reminder, there is no jury––the judge will hear and decide the case.
If you need to postpone the court hearing, you can do so by filing SC-150 Postponement.
Step Six: Understanding the Final Judgment & Collecting Compensation
After the final judgment has been ordered, all parties must abide by it. The plaintiff cannot appeal the judgment. (The plaintiff can only appeal if the defendant had counter-sued––meaning when the plaintiff filed the Plaintiff’s Claim, the defendant then filed a Defendant’s Claim.) The defendant, however, does have the option to appeal.
If an appeal is filed, the new trial will be held in the civil division of the superior court. Here, you can have attorney representation.
An appeal must be filed within 30 days of the date the final judgment from small claims court was sent.
Statute of Limitation
Like any other personal injury case, time limits restrict how long you have to file a claim. This is important because insurance adjusters may try to hold out on you just long enough for the statute of limitations to run. That means you have no recourse in a court of law. The insurance company has won and has all the advantages, meaning you may not recover any compensation after the statue of limitation has expired.
The deadlines are as follows:
- Written Contract: 4 years from the date of the breach
- Property Damage: 3 years from the date of the damage
- Personal Injury: typically 2 years from the date of the injury or the date of its discovery––but there are many exceptions, so consulting an attorney is in your best interests if your case isn’t straightforward.
The clock for these deadlines begin to run as soon as the property damage or injury occurs (or, in some cases, at the time the injury was discovered). The clock is not suspended until negotiations with the insurance company breaks down, which is a common misconception that puts a lot of people in a bad situation.
Also, if you want to file a small claim against a government agency, you must first file a written claim (government claim) with the agency first. If you don’t first file a government claim and instead file a claim with a small claims court, the claim will be dismissed. You have 6 months to file a government claim.
When Should You Contact a Personal Injury Attorney in Los Angeles?
So, do you need a lawyer? That’s the big question injured parties consider when the claim is small. You now know you can’t have an attorney represent you before a small claims judge in California. Does that mean you don’t need an attorney?
Not necessarily.
First, a personal injury attorney in Los Angeles can always help you make sure you identify all legal damages and all potential defendants, and fight for just and fair compensation. Even if you think you have correctly identified and calculated all damages, you could still underestimate the extent and nature of the damages you had in fact suffered. An initial evaluation is free. So, there’s no harm. But the advice a knowledgeable attorney gives can be instrumental in helping you decide what to do.
Second, a personal injury lawyer can help you file a timely and persuasive claim and negotiate a settlement with an insurance company. Negotiating with insurance adjusters can be (but not always) a daunting task for non-lawyers––only skilled, experienced personal injury lawyers know how to deal with skilled insurance adjusters, experienced lawyers, and any other professionals in order to win your legal case. After being successful, you won’t have to worry about small claims court, nor about the upfront attorney’s fee for helping you.
In sum, you may not know how much your personal injury claim is actually worth. An attorney can review your case and advise you of the potential damages and all your potential legal options. In either case, a free initial consultation can provide you with important guidance even if you don’t retain the attorney.
Smart, Compassionate Personal Injury Lawyers in Los Angeles
If you or a loved one has suffered a personal injury and are not sure what to do, contact us. We’ll get you in touch with a personal injury lawyer who can evaluate your case and lead you in the right direction, even if it means a small claims court. So, reach out to us today.
