What Is the Small Claims Limit for Personal Injury

Florida Small Claims Limit for Personal Injury

Per the Florida Courts, the small claims limit for personal injury is $8,000. That amount only comprises the victim’s damages; it does not include things like attorney’s fees, interest, or courtroom filing costs. Plaintiffs file small claims lawsuits in county courts to settle “minor disputes.”

There are many nuances to pursuing a personal injury claim, some of which you may not know about. The Law Offices of Wolf & Pravato can explain your options in the aftermath of a collision, fall, or another injurious incident. To connect with our firm, call us at (954) 633-8270.

Why Would You File a Small Claims Lawsuit?

Suppose you suffered injuries in a car accident. You had the minimum personal injury protection (PIP) coverage, meaning you had $10,000 in no-fault insurance to pay for your medical bills and lost income. Yet, you still have $8,000 in outstanding damages.

If the other party’s insurance company refuses to settle, you could file a lawsuit in small claims court. Here, the judge could award compensation of up to $8,000. However, small claims courts cannot retrieve compensation if the other party refuses to pay. In that instance, you may wish to consult a Personal injury attorney Fort Lauderdale from our firm who can explain more.

These Situations Could Warrant a Small Claims Lawsuit

Plaintiffs can file small claims lawsuits after suffering injuries in:

• Car accidents
• Truck accidents
• Bicycle accidents
• Motorcycle collisions
• Medical malpractice
• Dog bites
• Injuries from dangerous or defective products
• Slips, trips, falls, and other premises liability incidents

Depending on your situation, you could also file a wrongful death lawsuit on behalf of a deceased loved one.

You Could Recoup These Damages Through a Small Claims Lawsuit

Compensation in a small claims lawsuit may comprise:

• Medical bills
• Lost income, including tips and bonuses
• Pain and suffering
• Property damage expenses
• Out-of-pocket costs, including childcare arrangements
• Mental anguish

You can include the cost of non-economic damages in your small claims case. Yet, the total value of your lawsuit cannot exceed $8,000. If you want to pursue more than $8,000, then you must pursue something beyond a small claims lawsuit.

Your Lawsuit Must Follow the State’s Filing Deadline

Florida Statutes § 95.11(3)(a) notes that you generally have four years to file a personal injury lawsuit. This deadline generally begins from the date you suffered injuries, but it could also begin from the date you discovered your condition.

The statute of limitations is one of the most important deadlines surrounding your case for compensation. By adhering to this deadline, you preserve your right to litigation. If not, you could lose the right to hold the at-fault party financially accountable for your accident and injuries.

The Steps Involved in a Small Claims Lawsuit

Here are the typical steps involved in a small claims lawsuit:

• You fill out a Statement of Claim, which outlines your case’s basic details.
• You officially file your lawsuit with the appropriate court.
• The other party is notified of their court date and time.
• A judge hears the case and makes a decision.

Some counties have additional steps than those listed here. Again, a personal injury lawyer can listen to your story and advise you on whether filing a small claims lawsuit could benefit you.

How Much Can You Sue for Negligence? Insights From an Experienced Attorney

After assessing your losses, you may think that the small claims court is a good way to go. You may also think that because you can only request up to $8,000, it’s a low-stakes matter. Yet, there could be more to your case than what originally meets the eye.

After learning about your losses, your personal injury attorney could find that you’re owed more than $8,000. This would make your case ineligible for small claims court. Still, you would have options for seeking damages through a standard personal injury lawsuit. Here, you could seek the full cost of your injury-related losses with few limits.

 A Lawyer Can Seek Damages on a Contingency-Fee Basis 

It may comfort you to know that many personal injury lawyers Florida work on contingency. They don’t charge hourly fees or upfront rates to start working on your case. They only request their attorney’s fees if they successfully recover compensation for your losses. The Law Offices of Wolf & Pravato has always served personal injury claimants in this fashion. With this arrangement, you get peace of mind that we have a vested incentive to win your case.

Start a Free Case Review With Our Personal Injury Team Today

If you were injured due to another party’s negligence, you have legal options. You could file a lawsuit in small claims court and seek compensation from the negligent party. If your losses exceed $8,000, our team can explore pursuing your case through a standard court. The Law Offices of Wolf & Pravato offers no-obligation consultations where you can learn more. To connect with our team, Dial (954) 633-8270.