Skip to main content

Car accident injuries and negligence.

Manteca, CA |

I just lost a small claims case with the judge only awarding me 500.00. I found out as a plaintiff I cant appeal it. However the person in my lawsuit was not driving the car. His friend borrowed his car and hit my child. Is it true that since the judge didnt mention her in his judgement and her name is no where on the law suit that I can sue her for negligence? She is the person that hit my car.

the issue preclusion or collateral estoppel found in the common law doctrine of res judicata is not present in the civilian doctrine

Attorney Answers 10


  1. Look up collateral estoppel and res judicata. If your daughter was (unfortunately) injured, why isn't her attorney advising you?

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  2. You need an attorney to best represent the interests of your child. Also, if you were awarded $500 in a small claims case, you did not lose, you just may not have received the amount you were asking for.


  3. I hope this was not your child's case that you brought in small claims court. You should have consulted with an experienced personal injury attorney. I hope your child's injuries were minor.


  4. You need to consult with a personal injury attorney as soon as possible. You do not have to pay them upfront, but they will be able to investigate and maybe fix the situation, especially for your child.
    Technically, you had one chance to bring a lawsuit against anyone who might have been at fault.

    This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed.


  5. You should consult a personal injury attorney in your area. I know hindsight is 20/20, but perhaps had you done that in the beginning....you would not be facing these dilemmas. In California, there is what is called a "single action rule." That means you can't have separate lawsuits against separate people that all arise out of the same accident. You should have sued both the owner and the driver of the other car involved in the accident.

    ***The response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.


  6. You have received a large amount of answers. You need to get a personal injury attorney involved to help you out. Most will offer a free initial consultation; take advantage of that and talk to the attorney about your claim. Sorry to hear your daughter was hit by a car. AVVO has a tool to help you find a lawyer: http://www.avvo.com/find-a-lawyer

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  7. All cases involve the analysis of many facts. Most attorneys offer a free consultation for personal injury cases. You should consult with a personal injury lawyer ASAP to figure out what else can be done for your claim and especially your child's claim.


  8. Seek an opinion from an experienced AVVO attorney who will be able to review what has been done and perhaps assist further.