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

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. 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.


  2. 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


  3. 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 State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net


  4. 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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  5. 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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