I fell when moving some things out of a small cottage where the only path had a large concrete slab in the middle of a dirt pathway that I tripped over. I'm in constant pain but all my injuries were covered by insurance. Can I figure an amount of injury for pain and suffering?

Your insurance company is paying you for your medical expenses and you are suing only for pain and suffering? I don't think you are going to prevail.

To prove an amount of pain and suffering, testify about how excruciating it is and then figure what amount you would willingly accept if someone were to hire you to endure it. Good luck. You are going to need it.

It's unlikely that a small claims court will hear a petition for pain and suffering. First check with your local jurisdiction to see if you can even make this request. I am doubtful.

Most small claims rules don't say P & S cannot be awarded.

This is from the TX Guide to Small Claims

The court could only award you the monetary damages you suffered
http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/ConsumerTenantRights/HowToSueinSmallClaimsCourt.pdf

From my brief research this is typical of small claims courts.

You cannot get pain and suffering in NY Small Clams Courts.

Many factors enter into slip and fall cases - including your responsibility to notice dangerous situations - but are you saying your medical was covered by insurance. Whose? Yours or the property owners'?

Judges presiding over small claims cases usually will not award pain and suffering, but this isn't usually an explicit prohibition in the text of small claims rules. Note that neither ScottGem nor JudyKayTee have given citations to rules for Texas or New York, respectively.

From everything I've read on Small Claims courts, the intent is to provide a simpler way for a plaintiff to recover actual losses. While there might not be a statutory prohibition against a Small Claims court judge awarding for pain and suffering, its not common in small claims courts.

Small Claims court judges are often not sitting judges but lawyers who satisfy community service requirements by hearing cases.

So the bottom line is one can try to sue for pain and suffering, but the odds are that the P & S part will not be heard.

"Since the small claims court hears suits for money only, you can't sue in small claims court to force a person or business to fix a damaged item. You also can't sue in small claims court to make a person or business fulfill a promise made in an advertisement, and you can't sue for pain and suffering." NY What is Small Claims Court? - Lawyers.com (http://research.lawyers.com/New-York/NY-What-Is-Small-Claims-Court.html)

I note that lawyers.com doesn't give the Statute, either. I find the same info on two other private Attorney sites.

I would like to point one thing out. The OP was moving things OUT of the "small cottage," therefore he/she would have to have had to walk TO the cottage prior to the moving out stage. At that point the OP would have noticed the "large concrete slab" on the way in. Therefore, this would make it a case of Open and Obvious as the OP would have known that there was a possible obstacle prior to moving the "things" OUT of the cottage.

I actually addressed the responsibility of the injured person to notice the dangers. Slips and falls are difficult cases (in my experience).

If everyone else missed the obstacle there's always the question why the injured party didn't.

Small Claims court judges are often not sitting judges but lawyers who satisfy community service requirements by hearing cases.



Interesting. It's not done that way in either state in which I have substantial legal-releted experience (Alaska or Forida).

It is in NY, and I've hear of other states where that is the practice.

l'd also ask the OP why someone owes her money for her pain and suffering related to her trip and fall accident. As I see it, when we are at a "cottage" (normally associated with a rustic place), and we are outside, we can expect the footing to be uneven. I don't know that someone other than the person who trips should have liability in this situation unless there's some glaring hazard. A slab of concrete used for a walk or driveway or whatever - that's not an unreasonable thing to have outside a home. I mean, if I trip on the edge of a neighbor's driveway, I'd consider it my fault for not paying attention to where I was going - I can't expect the outdoors to be one level surface.

I could investigate an accident like this from several directions. Good that you are not litigious. Many people are. The thinking I come across is that someone was injured. Someone has to pay.

In my area a cottage is a smaller home, often in an older section of time. "Cottage" doesn't mean a vacation/summer type residence, nor does it mean rustic.

There is an expectation of safety. Without seeing where the OP fell it is impossible to say who is or is not at fault or what percentage of fault lies with either party - owner/injured person.

Again, many factors enter into a slip and fall case. I do falls involving uneven stairs (one riser is 6", the next is 8") all the time. Should a person visiting/living at the residence be aware, particularly if they entered and are now exiting? Yes.

Should the injured party expect to be safe? Yes.

It's a two-headed sword.