How to Sue For Damages and Win

Sue Anyone in Small Claims Court How to Sue For Damages and Win

How to Sue for Damages and Win

Damages refer to monetary compensation for one’s loss or injury caused by others. Most damage claims are filed in a small claims court. This is a special division of the General District Court that oversees small-scale litigations within the range of $3,000 to $10,000, depending on your state of residence. 

This article will discuss the types of damages you can sue in small claims court and how you can file—and win—a claim easily with DoNotPay’s Sue Now product. 

Types of Damages You Can Sue in Small Claims Court

Sue for Personal Injury Damages

Rick’s new house was flooded by a rainstorm. He sued the constructor in small claims court for failure to take action. As a result, he was granted $5,000 in damages. 

You should sue for personal injury damages if an individual or a business entity has caused you pain or inflicted unbearable costs as a result of intentional or unintentional neglect. You must prove that the incident resulted in:

  • Significant pain or suffering
  • Small financial losses below $10,000
  • Valuable time loss worth $10,000 or less
  • Health expenses below $10,000
  • Mild disruption to your physical, natural, emotional, or social ability
  • Undermined pleasures or enjoyment.

Sue for Breach of Contract Damages

When businesses or individuals fail to deliver their end of a mutually agreed contract, you can sue them for damages. 

Most breach of contract damages include:

  1. Refunds and restitutions
  2. Compensations
  3. Minor Damages
  4. Liquidation and ascertained damages

Sue for Punitive Damages 

Punitive damages are awarded in extreme cases where the actions of an individual have been proven to be intentional, harmful, and have caused serious damages such as permanent physical, mental, or emotional damages. 

How To File A Damage Lawsuit By Yourself

The table below outlines steps you should take to sue for personal injury or contract breach damages.

Step 1: Gather Evidence.

In cases of personal injury:

  • Gather all medical records
  • Ask your doctor to ascertain the future costs of your injuries

In cases of contract breach, you should collect:

  • Call logs/text messages
  • Financial statements
  • Contracts
Step 2: File and Serve Your Claim.

  • Complete a civil warrant form and a warrant in debt form
  • Specify how much you intend to claim
  • Notify the individual or business responsible for your losses
  • Serve the claim and request compensation 
You must serve your claim early enough (within 10 days in some states) to request the defendant to compensate for the current costs incurred.

Complete this step with a court clerk or an authorized service provider.

Step 4: Out-of-Court Settlements.

The defendant may attempt to settle the claim with an amount you both agree to.

In some states, all cases with claims above $5,000 must undergo a compulsory mediation
Step 5: File a Lawsuit.

If attempts to negotiate fail:

  • File a damage complaint in court
  • Present your claim and evidence 
  • Present yourself for trial on the specified court date and bring a witness who has been successfully subpoenaed along
  • The court will grant you compensation for the loss you may have suffered

If you are unsatisfied with the outcome of the judgment, you can file for an appeal no later than ten days in the district court. Then, your case will be looked into as a new one.

To file a lawsuit, you’ll need to know the specific timeframe applicable for all applications in your state (statutes of limitations).


Sue for Damages up to $10,000 Today With DoNotPay

Suing for damages by yourself in small claims court can be complicated. Let DoNotPay handle the stress for you! All you have to do is access DoNotPay from any web browser. From there, the robot lawyer will help you to: 

  1. Prepare relevant evidence
  2. Assess your compensation claims
  3. File your lawsuit
  4. Notify you defendants
  5. Represent you in court
  6. Get your compensations

DoNotPay is Your Personal Lawyer

Apart from helping its users sue for damages in small claims court, DoNotPay can help you with an array of other legal issues, such as:

Want your issue solved now?