Is Small Claims Court Right For Me?

You should never have to pay out-of-pocket for an accident you know was not your fault.

However, obtaining the compensation you need after a personal injury accident is not always easy.

Even if you have great insurance, most policies still have a limit. This limit may not be sufficient to cover the cost of intensive medical treatment, physical rehabilitation, or reduced income from work. Taking another motorist to small claims court could be a relatively straightforward and risk-free way to recover additional damages from an at-fault driver or negligent landlord. Still, it may not be the best choice for somebody who has sustained a significant loss.

Here is what you need to know about small claims court, and whether it is the right choice for your New York personal injury lawsuit:

Personal Injury Claims In Supreme And Small Claims Courts

Oftentimes, filing a lawsuit helps provide support and compensation beyond the limits of an insurance policy. However, no two lawsuits are alike. Depending on the severity of your injuries, you will likely need to choose between:

1. A New York Supreme Court. The New York Supreme Court is a general court with jurisdiction over most civil claims and accident-related lawsuits. You have the right to an attorney in a state Supreme Court and can sue to reclaim various damages.

2. A New York Small Claims Court. A small claims court is an informal court for people seeking to recover smaller amounts of money from another person, typically $5,000 or less. You do not need a lawyer for small claims court; many accident victims represent themselves.

Filing a lawsuit in small claims court makes the most sense for people who have not suffered any injuries or have sustained limited property damage. However, you should always talk to a personal injury lawyer before deciding—your case could be worth much more than you initially thought.

The Rules Of New York Small Claims Court

Small claims courts are informal courts that a judge does not always administer, but this does not mean that proceedings are not subject to stringent rules. These rules include, but are not limited to, the following:

1. You can file a claim in small claims court if you are over 18 years of age, have filled out the appropriate paperwork, and have paid the fee.
2. You cannot request any damages or remedies besides financial compensation.
3. You are not strictly required to have a lawyer, although you can choose to hire one if you wish.
4. In small claims court, you cannot request compensation exceeding $5,000, with some courts having an even lower limit of $3,000.

Some cities in New York also have higher-limit city claims courts, subject to strict limits on overall compensation.

Deciding If Small Claims Court Is Right For You

Small claims court is a convenient and inexpensive way to resolve low-stakes financial disputes and disagreements. However, small claims court has obvious limitations. You may need to speak to an attorney if:

1. You have sustained serious or life-altering injuries;
2. You lost a loved one in an accident;
3. You are not sure who was at fault for your accident;
4. You have unresolved questions about liability; or
5. You have received an offer of settlement but are unsure whether it is enough.

The Dietrich Law Firm P.C. works on a contingency fee basis, meaning we only take payment as a percentage of your eventual award or settlement. If we can’t win your case, you don’t pay anything. Please contact us today to schedule your 100% free, no-obligation consultation.