How To Calculate Your Damages for Small Claims Court

In the United States, personal injury cases are settled outside of court 95% of the time. There are various types of damages, such as bills and repairs (compensatory damages), and things that are difficult to quantify, such as pain (general damages)—for example, over 70% of car accident cases in 2019 involved medical expense payments.

Slips and falls are believed to cause about 33% of personal injury claims and 85% of work injury claims. Every year, there are nearly 29 million unintentional injuries. It is important to receive the appropriate compensation. Negotiating before heading to court is wise.

How To Calculate Damages

Determining damages for small claims court means putting a price on the harm someone experienced because of someone else’s actions. Here’s a basic way to do it:

Identify the Types of Damages

Small claims court cases can involve various types of damages:

• Compensatory Damages: These make up for actual losses, like medical bills, repairs, or lost wages.

• General Damages: These cover non-monetary losses, like emotional distress or pain, which are harder to put a price on.

• Punitive Damages: Sometimes, if the defendant’s actions were severe, the court might award these to punish and discourage such behavior. But remember, not all places allow punitive damages in small claims court.

Gather Evidence

Collect all the essential pieces: documents, receipts, photos, and any other evidence that supports your claim for damages. These elements play a key role in illustrating the extent of the harm caused by the incident. Just like building a case in a story, these items form the backbone of your argument, helping you show the tangible impact of what took place. They serve as visual and factual proof, much like assembling a mosaic where each piece contributes to the bigger picture. Together, they vividly depict the effect the situation had on you and bolster your case for seeking compensation.

Calculate Compensatory Damages

Calculating compensatory damages involves summing up the tangible expenses resulting from the other person’s actions. This should encompass various outlays such as medical bills, repair expenses, property damage costs, the income you couldn’t earn due to the incident, rent payments incurred, and direct monetary outflows. Think of it as assembling a puzzle of financial implications, each piece representing a practical loss you’ve incurred. Just like piecing together a puzzle to see the complete picture, you’re combining these expenses to comprehensively reflect the financial impact caused by the situation.

Estimate General Damages (if applicable)

Quantifying general damages is more challenging as they don’t have a straightforward monetary value. When it involves emotional pain or stress, you can form an estimation by considering the severity of your experiences, the disruptions they caused in your life, and any other relevant factors. It’s like gauging the weight of something invisible on a scale - you’re trying to assess an intangible impact. Much like you can’t physically weigh emotions, you’re attempting to measure their effect by evaluating their influence on your well-being and daily life.

Totaling the Damages

Combine the compensatory damages you can count and your estimate for general damages. This sum will give you the total you aim to receive for the harm suffered. Think of it as tallying up your expenses, both concrete bills and those intangible things that matter. It’s akin to adding up receipts for items you’ve bought and those moments that hurt emotionally but don’t come with a receipt. This comprehensive total represents the compensation you’re seeking to address the impact of the incident and make things right.

Consider Legal Limits

In some places, there are limits on the amount you can request in small claims court. So, look at the regulations in your area and ensure your requested amount doesn’t exceed that cap. It’s akin to abiding by a speed limit while driving. You need to follow the rules of the road. Similar to not going too fast to avoid penalties, you should stay within the legal boundaries to ensure a smooth legal process and a fair outcome for everyone involved.

Present Your Case

When you step into the courtroom, ensure you’ve got your evidence lined up and a clear explanation of your damage calculation. There should be a logical and organized presentation of the proof. In many ways, your viewpoint is like that of a teacher, complete with the essential details that illustrate the reasons you are seeking compensation.

Negotiation and Settlement

Before your court date, you might have an opportunity to have a conversation with the other party and work out an agreement. If you both come to a mutual understanding on the compensation amount, you can bypass the lengthy court proceedings altogether. Think of it as discovering common ground rather than engaging in a drawn-out conflict. Finding an agreement can spare you the hassle and emotional strain. It’s like opting for a peaceful resolution over a confrontation. When you can find a compromise, it not only speeds up the process but also lessens the burden of navigating the legal process.

How To Find a Personal Injury Attorney

When looking for a personal injury attorney, start by talking to people you know, like friends, family, or coworkers, to see if they have any suggestions. You can also search online at Expertise.com using our personal injury attorney directory. Don’t forget to read reviews and see if they’ve worked on cases like yours before. Your local bar association might also have recommendations. Once you’ve got a few options, set up meetings with them to talk about your situation and figure out if they’re a good fit for your needs.