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.
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.
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.
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.
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