Does small claims court in Gwinnett County Magistrate Court award for pain and suffering?

Asked about 2 years ago - Lawrenceville, GA

motorcycle accident victim. While stopped at red light, driver approached from behind and ran me and my harley into the ground. State Farm paid 8K to fix bike, is only offering medical (2,200) plus 1800 for my pain and suffering.

Attorney answers (5)

  1. Neil Richard Flit

    Contributor Level 9

    7

    Lawyers agree

    Answered . Yes
    It may be adviseable though if you are seeking an award larger than 15,ooo to file in a higher court. The jurisdictional limits in Magistrate court normally is only 15,000. You could always file intially in Magistrate Court and remove it to a higher court. Good luck

  2. Robert Bruce Kopelson

    Contributor Level 20

    7

    Lawyers agree

    Answered . Im not licensed in youyr state. In Calif smmall claims court can award pain and suffering, and it is most likely true in your area. You can contact the court itself and ask if there are limits on the types of damages you can receive. Some courts have advisors or info officers to answer questions. Some courts have web sites with a lot of helpful info on procedure and freq asked questions. You could also probably find a local atrty for a free consult on your case. If the atty thinks it is too small to handle, he/she would probably be willing to answer your small claims question.

  3. Bret A. Schnitzer

    Contributor Level 16

    6

    Lawyers agree

    Answered . If you have physical injuries it might be advisable to get a lawyer in your State.. Sometimes you can be suprised just how helpful a good injury attorney can be at getting you the money you deserve. Good luck.

    You should consult an attorney in your State at once. This response does not constitute legal advise outside the... more
  4. Glen Edward Ashman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . If State Farm is offering you $4000 with no lawyer, given that typically people do several times better with a lawyer, I think you'd want to talk to a lawyer. Two big problems with Magistrate Court - the jurisidictional limit is so low that you may cheat yourself out of a larger judgment and also State Farm can appeal if they get a bad result. No one here has seen your case but you should talk to a lawyer.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  5. Scott J. Corwin

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . I agree with my fellow motor vehicle accident attorneys with regards to your case. I would strongly suggest that you hire a locally knowledgeable and experienced motorcycle accident attorney to represent you. As Mr. Ashman correctly stated, people tend to be awarded settlements of greater value when they hire an attorney. I hope this helps and have a nice night.

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury lawsuits

Personal injury lawsuits allow an injured person to seek compensation for the injury, either by court decision or through a settlement.

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