In small claims court, you can recover two main types of damages: compensatory and punitive.
Compensatory damages are designed to compensate you for your losses. This can include economic losses, such as medical bills, lost wages, and property damage, as well as non-economic losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive damages are designed to punish the defendant for their wrongdoing and to deter others from engaging in similar conduct. Punitive damages are only awarded in limited circumstances, such as when the defendant’s conduct was intentional or reckless.
Here are some examples of damages that you may be able to recover in small claims court:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
- Disfigurement
- Inconvenience
- Loss of consortium
The amount of damages that you can recover in small claims court will vary depending on the facts of your case. However, the maximum amount of damages that you can recover is typically limited to a few thousand dollars.
If you are unsure whether you are eligible to recover damages in small claims court, or if you have any questions about the types of damages that you can recover, you should consult with an attorney.
Here are some additional tips for recovering damages in small claims court:
- Be sure to keep detailed records of all of your losses. This includes receipts, medical records, and any other documentation that supports your claim.
- Be prepared to testify about your losses at the hearing. Be sure to explain how your losses were caused by the defendant’s conduct.
- If you are seeking punitive damages, you will need to prove that the defendant’s conduct was intentional or reckless.
If you win your small claims case, the judge will enter a judgment in your favor. You can then collect your judgment by garnishing the defendant’s wages or bank account, or by seizing the defendant’s property.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.