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If you are compiling evidence and coming up with a list of items to be compensated for in a small claims case, how do you put a monetary value on your pain and suffering through the ordeal? I have an injury that warrants surgery to fix. I'm making my claim to the company I am (in essence) suing, how do I figure out what they owe me for pain and suffering? If this were a case that were going to court with a lawyer I know this would be a factor in the settlement. Help?
There are formulas for this, but I think you better check the rules for small claims court. I don't think you are allowed to sue for pain and suffering or punitive damages in small claims.
I did not know this... thank you. I will look into it further. I appreciate your time in answering me.Quote:
Originally Posted by ScottGem
Quote:
Originally Posted by ScottGem
It depends on the State - at one time (in the old days) pain and suffering was figured as 3 times your medical bills. That rule of thumb is long gone but I always figure it's a start.
If you are allowed to sue for pain and suffering - and you would have to check your jurisdiction - you would take with you a notebook that hopefully you kept on a daily basis and it would describe what you could not do because of your injuries, such as "Couldn't sleep due to pain in ..." "Had to have assistance getting in and out of bathtub," whatever the case may be. If you lost time from work and had to take personal days, then ask that you be reimbursed for those days.
If you have some serous pain and suffering here I would consult with an Attorney -
I would also be careful not to list pain and suffering in an amount which takes you up to the Small Claims Court cap. For example, if the limit is, say, $3,000, don't claim $1,500 in property damage and $1,500 in pain and suffering because it's rather transparent.
Is this a motor vehicle accident?
Thank you for your thoughtful answer. There is so much to all of this. I am trying to determine if I need to consult an attorney. It was a slip and fall accident not a car accident. I did keep a log at first and have asked for reimbursement for days lost not working. It seems like once I get an answer to a question another one pops up. Thanks again.Quote:
Originally Posted by JudyKayTee
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Originally Posted by bliig720
I investigate accidents - slips and falls are rough in several States right now. The burden of proof has shifted heavily onto the Plaintiff.
The Defendant cannot be presumed to have knowledge of the hazardous condition - it has to be known to the Defendant and not corrected within a reasonable period OR it has to be something obvious.
The other problem I see all the time is what the injured person said at the accident scene - statements such as, "I fell over my own feet," "I don't know why I fell," are construed against your interests.
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Originally Posted by JudyKayTee
I am well aware of the burden of proof. There was a clear slippery substance in the aisle that I slipped on. This is clearly stated on the accident report filed with the company. I did not see it prior to stepping in it but I did not state that I did not know how I fell... I will keep all of this in mind when I face the mediator. Thanks.
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Originally Posted by bliig720
Excellent - was the store aware of the substance?
At the time, they said no.Quote:
Originally Posted by JudyKayTee
Aw, Judy, you're going to resort to a low cut dress now, are you? You should be a big hit on the witness stand that's for sure and really give them a run for their money (well at least you'll have their undivided attention). Sorry, had to throw my 2 cents in here.
If this is a mediation you are attending you could possibly be referring to a mediator instead of a judge. Mediators are not elected and basically are just used to try and settle the case to help the judge clear his calendar of cases. Some jurisdictions make the case participants go through the mediation process as a mandatory requirement regardless if it is a jury trial or a trial by judge. I would not recommend you trying to represent yourself in this matter as you will be up against the attorney for the other side. You need to retain an attorney to help you in this case.
In Florida and Ohio any case in small claims court can be apealed to a higher court. It's done all the time by EITHER party. Don't know what state you're in that you had to settle for the pro tem person presiding. That's not a small claims court judge. I am beginning to think you're confused on this matter. You could have refused to settle and the matter would have been referred back to the Judge. In both Florida and Ohio there are mediation companies who hire mediators to try and settle cases for the court. The company is basically sanctioned to present their findings or agreements (or disagreements) to the judge and for the judge to have the final sign off on the case.
I've been around the legal world off and on more than 15 years and I have never heard of the term pro tem before. I've heard of Administrative Judges, Mediators, Small Claims Judges, Misdemeanor Judges, County Judges, Probate Judges, Juvenile Judges, Circuit Judges, etc etc. I'm the one who had to go to the Clerk's office and present the paperwork that my boss signed filing a case, or paperwork my boss signed answering a complaint. I've had to calendar hearings before judges, call and request hearings, schedule mediations, and I have never run into the scenerio you talk about. Pro tem is a Latin word. Latin is used for fancy schmancy legal terms that keep lay people in the dark. As Judy pointed out the correct meaning is absence of a superior.
A sniipy answer and a Plaintiff can not appeal a Small Claims decision. The ruling is final in California & SmileCare can not sue me for slander because it is true. Slander has to be untrue. Wrong again!
Sorry, pro tem in my state and county means volunteer. Nolan press also advises against pro tem. You are out of Luck and can not appeal, but the defendant can appeal and be represented by an attorney at the appeal. It sounds like Ohio is better.
{needyhelpy : Sorry, pro tem in my state and county means volunteer. Nolan press also advises against pro tem. You are out of Luck and can not appeal, but the defendant can appeal and be represented by an attorney at the appeal. It sounds like Ohio is better.}
So Latin words in your State have some other meaning than Latin words in other States? What State are we talking about that doesn't allow appeals from Small Claims Court decisions - unless you're the Defendant?
Are you talking about binding arbitration and not Small Claims Court?
Anyway - what State?
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Originally Posted by twinkiedooter
He/she has GOT to be talking about binding arbitration - "volunteer" retired Judge, all the rest of it. It has to be binding arbitration.
(If you could set the "administrative judges ... circuit judges ..." quote to music you'd have a best seller.)
Pro Tem Judge Program
On this site it basically goes into the pro tem judicial process in a county in Washington state. It has language in the information site about having to agree to this proceeding. I guess Needy somehow got confused and agreed to this. Basically from what I glean from this site is a fancy word for arbitration/mediation, nothing more, and the parties have had to sign up for this.
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Originally Posted by twinkiedooter
Right - the more I read the more it sounded like binding arbitration. Thanks for the site -
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