Sue for Pain and Suffering in Small Claims Court
If you've been harmed by someone, whether that harm comes from an individual or a gigantic corporation, it's natural to seek some kind of compensation. This is especially true when you've dealt with major pain and suffering, be that an injury itself or the mental toll that the injury takes on you. But it can be hard to know what to do when you want to , especially when your claim is too small to warrant hiring a lawyer.
That's where DoNotPay comes in. DoNotPay helps you file claims in your local small claims court. As long as your damages fall within the local requirements of the jurisdiction you're suing in, DoNotPay can help you:
- Generate demand letters
- Inform all interested parties of the lawsuit
- And even increase your chances of winning your case.
Reasons to File a Lawsuit for Pain and Suffering
There are quite a few reasons you may want to sue someone for pain and suffering. These can range from personal injury and lost wages to consumer protection issues. Let’s take a closer look at some of the more common reasons to file suit for pain and suffering:
|Personal Injury||This is the most common reason people sue for pain and suffering. Whether it's a distracted driver causing the injury or professional negligence by a corporation, it's easiest to sue for pain and suffering about your personal injury when you have hard evidence of the harm that was done to you.|
|Lost Wages||If your injury caused you to miss work or even lose your job, you may be able to sue the person or company that caused your suffering|
|Consumer Protection||Your own claim may be small, but that doesn't mean your pain and suffering are insignificant! You may want to sue just so the company behind your suffering admits to wrongdoing. Whether an airline lost the bags containing your loved one's ashes or you simply want to be compensated for an injury caused by a defective product, small claims court can often be the way to go.|
Who Can You Sue for Pain and Suffering?
You can sue anyone for pain and suffering, as long as you can prove they caused your suffering in the first place. For instance, you may want to sue a doctor for a misdiagnosis or a rideshare company for mistreating you. Note that in a lot of cases, it can be difficult to prove that your life has been impacted negatively, so be prepared to have hard evidence of the pain and suffering you have experienced.
What Kind of Compensation Can You Recover for Pain and Suffering?
The calculation of compensation for pain and suffering claims is extremely complex and tied directly to the circumstances of your case. While you can get a general sense of what you are owed, a judge ultimately determines the amount you are entitled to based on the severity of your injury, the evidence of the case, and even the emotional toll an event has taken on your wellbeing.
To get a better picture of what your case may be worth, consider that there are two ways in which pain and suffering damages are typically calculated. The first method is known as the multiplier method. The multiplier method takes the tangible economic damages you have suffered and multiples them (usually at a rate between 1.5 and 5) to come to a suitable award for your claim.
The second method is the per diem method. This method is meant to effectively calculate a daily rate that is multiplied by the number of days you have suffered. Again, calculating pain and suffering damages is one of the most difficult calculations to achieve and defend but this method attempts to quantify the time you have spent in agony and address it with consistency.
How to File a Lawsuit for Pain and Suffering by Yourself
The process of entering a lawsuit in small claims court doesn't require a lawyer, so in theory, you can do it entirely by yourself. The process varies from jurisdiction to jurisdiction, but generally, it goes as follows:
- Organize all the evidence you need, including police reports and medical records as well as any relevant witness statements
- Draft a demand letter
- Estimate the damages you are owed and send the responsible party a demand letter for that amount
- If the responsible party doesn't pay, identify the appropriate small claims court to hear your case
- Fill out any forms required by that small claims court
- Serve the defendants notice of your lawsuit
- Prepare to meet in front of a judge for your trial
This can be a surprisingly complex process, depending on your location and specific needs, and it's easy to make mistakes along the way.
Dangers of Filing a Lawsuit by Yourself
Representing yourself in court is always risky. Even in small claims court, where lawyers usually are not present, it's easy to make mistakes that can ruin a solid case. For instance, you don't always know the ins and outs of your local court system, and it's likely that a large company knows its way around a courtroom better than you do.
Some more reasons it's a bad idea to file a lawsuit completely on your own are:
- Your case may be dismissed on a technicality, such as missing paperwork or insufficient evidence
- Your previous attempts to get the defendant to pay prejudice a judge against you
- You could be responsible for the other side's court costs if you lose
Thankfully, there's a better way to file a lawsuit, and you don't even need to get a lawyer involved to get started.
How to Sue for Pain and Suffering With DoNotPay
The process of suing for pain and suffering with DoNotPay is simple but increases your chances of winning by a large margin simply because DoNotPay takes care of a lot of the procedural steps for you.
- Log in to DoNotPay and select the "Sue Now" product
- Enter the dollar amount you want to seek
- Select whether you want to send a demand letter or file a claim in court
- Describe the reason for the lawsuit and submit any applicable details, including photographic proof
That's it! DoNotPay will then generate a demand letter or court filing forms for you. We'll even mail a copy of your demand letter to the individual or business you are suing!
What Else Can DoNotPay Do?
DoNotPay excels in helping people sue any company in small claims court without a lawyer. Check out other companies that DoNotPay has helped sue: