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    ytalley's Avatar
    ytalley Posts: 1, Reputation: 1
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    #1

    Feb 10, 2016, 08:08 PM
    What is the maximum money you can get in small claims court for pain and suffering
    I was physically assaulted by a women and my left eye (retina)was detached (so I have no vision) ,shoulder dislocated, and bleeding in my brain... What is the max $$$ I can ask for in small claims court for pain and suffering??
    J_9's Avatar
    J_9 Posts: 40,254, Reputation: 5642
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    #2

    Feb 10, 2016, 08:12 PM
    It depends on your jurisdiction.

    This is is bigger than small claims though. Has she been criminally charged?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,277, Reputation: 7690
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    #3

    Feb 10, 2016, 08:47 PM
    It will differ, 10,000 USD is about average,

    On your eye, of course you need to get surgery as soon as possible, the retina can be attached for various means, I had retina surgery last year. The sooner you get surgery after detachment the better the outcome. In extreme cases a case bubble and buckle can be used.

    Also in many jurisdictions in small claims you can not ask for pain and suffering, only actual loses.

    This sounds like a case that is way beyond any small claims, Just actual medical bills would most likely be more than small claims. Since the highest small claims I have ever heard of was 25,000.

    If you will tell us the county and state you live in, we could look up small claims amounts.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #4

    Feb 11, 2016, 06:27 AM
    Quote Originally Posted by ytalley View Post
    I was physically assaulted by a women and my left eye (retina)was detached (so I have no vision) ,shoulder dislocated, and bleeding in my brain... What is the max $$$ I can ask for in small claims court for pain and suffering??
    ZERO! Small claims courts generally only award actual damages, not pain and suffering. Also Small Claims court limits vary by area. So without knowing your general area we can't answer as to the limits.

    Where were you assaulted? You may be able to file a liability claim against an insurance carrier. Is there a police report? Has the woman been charged or convicted of the assault. We need more details to help you further.

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