Its a little late for the realization that you need an attorney. You did your child a disservice by trying to handle this yourself. Depending on the small claims rules in your state, it might be possible to get a trial de novo.
Likely you can appeal, my suggestion is consult with an experienced personal injury attorney in your State to help guide you- don't make the same mistake twice.
The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney
You have 30 days to file a notice of appeal. If you are beyond 30 days you are out of luck. Appeals are tricky and you must follow the rules. You need to consult with a lawyer.
You have received responses form a lot of out of state lawyers but I believe that here in CA, you can only appeal a case if you are a defendant. If there is a money judgment against you on the other driver's claim against you, I think you can appeal that, but the failure of your claim against them may be final. Look on Avvo for a lawyer who specializes in small claims procedures - I know there is at least one out there. Also, if you had insurance it usually provides for coverage for medical expenses regardless of fault - have you asked your own insurance company for assistance?
Mr. Fiol explained it best. You should consult with personal injury lawyers that are experienced in small claims matter as soon as possible for further advice. Use the Avvo "Find a Lawyer" tool bar to search for attorneys near Manteca. Good luck.
This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.
Were you the Plaintiff or the Defendant? Plaintiff's are usually not allowed to appeal unless the judgment was over $2,500.00. Only a defendant can file an appeal of a small claims judgment. BUT if you are the plaintiff, and the defendant counter-sued you by filing a Defendant's Claim in response to your Plaintiff's Claim and you lose, you CAN appeal. Since a small claims appeal is a brand-new trial, the entire case is decided from scratch. You must file your appeal within 30 days of the date the small claims judgment was mailed to you. This date will be on your copy of the small claims decision.
File a Notice of Appeal (Small Claims) (Form SC-140) with the small claims court.
The court will mail you the date and time of your hearing on the appeal. The hearing on your appeal will be in the civil division of the superior court.
Go to your trial. You and the other side will have to present your case all over again.
If you do not go to the trial, the judge will not hear your side of the story. You can file an SC108, only if the clerk make a mistake on the judgement paperwork or if you judge made a mistake by applying the wrong law to the case. You also need to file this document within 30 days. The other party will also have the chance to reply. Good Luck!
In California, "only the person against whom a claim is made may appeal a small claims court judgment. The party who files a claim in small claims court (the plaintiff) can't appeal the judge's decision on that claim. For that party, the court's judgment is final. Similarly, if the defendant files a claim against the plaintiff, the defendant may not appeal the court's ruling on the defendant's claim. Only the plaintiff can appeal a decision on a claim filed by the defendant. HOWEVER:
There are two ways to have a dispute re-examined by a judge. The first is to appeal, which entails a re-hearing of the dispute before a different judge of the superior court. A defendant (or a plaintiff who loses on a claim filed by the defendant) who appeared at the small claims hearing may have the dispute re-heard by a different judge. Also, an insurer of a defendant may appeal the judgment if the judgment exceeds $2,500 and the insurer's policy covers the matter to which the judgment applies.
The appeal from a judgment in small claims court is started by filing a Notice of Appeal (Form SC-140) with the small claims clerk within 30 days after the judgment is delivered or handed to the parties in court or, if the decision is mailed, within 30 days after the date the clerk mails the Notice of Entry of Judgment (Form SC-130) to the parties, whichever is earlier. The date of mailing (or in-court delivery) appears on the form. The fee for filing an appeal is $75. Once the defendant files a Notice of Appeal, the judgment from which the appeal is taken can't be enforced, and the defendant (judgment debtor) need not pay anything to the plaintiff (judgment creditor) unless and until the appeal is dismissed or the defendant loses the claim on appeal.
A plaintiff or defendant also has the right to invite but not require the small claims court to re-examine its decision." See link--> http://www.dca.ca.gov/publications/small_claims/judgment.shtml
*Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)
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