After being in a car accident, you may be overwhelmed by the changes in your life. All of a sudden, your days are filled with medical appointments and your car might be out for repairs, making it hard for you to get to your appointments.
You have started considering whether it might be worth hiring a car accident attorney to help you get the compensation you need to cover your losses. Yet, you fear that the case is not large enough or that a lawyer would not want to deal with it for other reasons. You have also been told that going through Small Claims Court would offer you the same results at a much lower cost. Is it really better to take this route?
Small Claims Court Explained
Small Claims Courts are courts with limited jurisdiction. In it, small-dollar civil disputes are heard. When you settle a claim through Small Claims Court, you can be satisfied that you are doing so legally. Also, in the majority of cases, this route yields better results with the insurance company by giving you some solid leverage. It may compel the insurance company to offer you a fairer compensation amount and abandon the low offer that had been issued previously. In short, it gives you a real shot at winning by getting a more reasonable offer while avoiding lawyer’s fees.
Who can file a suit in Small Claims Court?
Anyone who is over the age of 18 can file a suit at a Small Claims Court. Minors can do so only when a parent or guardian files for them. Although there is a small fee for filing a claim, in some cases, the situation may be resolved simply by informing the other party that this is what you intend to do. They may agree to talk to you and resolve the dispute before going any further.
Factors to Consider Before Filing a Small Claims Case
Even though Small Claims Court seems to be more accessible with less complex procedures than those of a regular court, the filing will still take some effort on your part. That is why it would be smart to think about some questions before considering filing a claim, such as:
- Do I have a good, solid case?
- Do I have the time and energy needed to do this?
- Am I looking to receive money or something else (like a new car and other property that has been damaged)?
- Have I exhausted all other methods of negotiation?
- Has the statute of limitations expired?
- How likely is it that I will be able to collect from the other party even if I win?
The answers to these and other questions may help you make the best decision regarding your case and how to proceed with it.
Considering the Small Claims Court Process
Even though you might have determined that Small Claims is the way to go, you need to commit time and energy to complete the various steps involved in this process. Suppose you are unsure as to your availability or do not have the possibility of taking the needed time off to do that. In that case, you may have to think about working with a Jacksonville car accident lawyer.