Page 1 of 2 12 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Aug 2010
    Posts
    4

    Default Can You Sue for "Pain and Suffering" in Small Claims Court

    I was assaulted by someone I know, a person I dated, at a bar back in 2007. (Don't worry -- the statute of limitations for domestic violence in Michigan is 5 years.)

    I'm including the bills I incurred from the ER, the chiropractor, the meds I took, the counseling I had afterward, etc...(trying to get all those receipts, if possible -- are they necessary?)

    Can I, or can I NOT, include pain and suffering in the amount for which I am asking? In Michigan the maximum Small Claims amount is $3,000. I know pain and suffering cannot be quantified, but I need to know what to do.

    This schmuck punched me in the back of the neck and caused me to have a neck injuries that lasted for a few months, cost me $$$, and also cost me my peace of mind.

    Please advise.

    (The reason this was NOT prosecuted criminally is because my attacker and his "witness" lied to the investigating police offier. My attacker's "witness" was not even in the same room when this happen. My witness was truthful but now lives in another state. Today I spoke with another witness -- who agreed to either write a notarized letter and/or testify on my behalf. The reason I didn't have more witnesses in the first place is because the investigating police officer, after speaking to my one witness, told me he had sufficient evidence and didn't want to speak to more people.)

    Please advise. I filed this a week ago, and will probably go to court in a month or so.


    P.S.
    Should I ask the psychologist and psychatrist I saw at the time to write letters on my behalf -- instead of just asking them for receipts of the bills I incurred because of this???


    Thank you, thank you, in advance for your help!!!

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Small Claims -- Can You Include "Pain and Suffering"

    You will have an uphill battle if no criminal charges were filed, assuming the defendants appear and fight it.

    Generally speaking, you can NOT get pain and suffering in small claims court. Small claims is usually about money disputes and the subject matter jurisdiction is limited. You need to research Michigan law for the details.

    The letters would not be admissible normally as they are hearsay.

    You would need to establish the defendants are liable first, before the court is going to allow evidence of specific damages I would think.

    You can't do discovery in small claims and there are other limitations. The type of case you want to do is not really suitable for small claims.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Can You Sue for "Pain and Suffering" in Small Claims Court

    Quote Quoting Macpark
    View Post
    I was assaulted by someone I know, a person I dated, at a bar back in 2007. (Don't worry -- the statute of limitations for domestic violence in Michigan is 5 years.
    http://www.legislature.mi.gov/(S(fct...e=mcl-600-5805

    Yes, it is 5 years IF you meet the statutory definition in 15: Can you meet that burden?

    (12) The period of limitations is 5 years for an action to recover damages for injury to a person or property brought by a person who has been assaulted or battered by an individual with whom he or she has or has had a dating relationship. This limitation applies to causes of action arising on or after January 1, 2003 and to causes of action in which the period of limitations described in subsection (2) has not already expired as of January 1, 2003.

    (15) As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

    According to several MI small claims fact sites, you can only sue for the recovery of money, which means, for one, doctor bills, yes, but no compensable damages for pain and suffering.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,392

    Default Re: Can You Sue for "Pain and Suffering" in Small Claims Court

    According to the Supreme Court's brochure, pain and suffering are not awarded in small claims court.

  5. #5
    Join Date
    Aug 2010
    Posts
    4

    Default Re: Can You Sue for "Pain and Suffering" in Small Claims Court

    <i>When I go to my small claims suit on September 16th, how should I handle the fact that this was not prosecuted criminally. The reason it wasn't prosecuted criminally is because, as I listed below:

    My attacker and his "witness" lied to the investigating police offier. My attacker's "witness" was not even in the same room when I was attacked by this person.

    Another reason it wasn't prosecuted is because the investigating detective allowed me to have just ONE witness. I told him I knew at least 4 witnesses, but he said he had already spoken to my one witness and he had enough information to proceed. On his police report he stated, "Neither party had another other witnesses even though they both said the bar was packed with people."

    THIS IS UNTRUE! I did have more witnessess!

    Anyway, when I'm presenting my case and have my new witness with me (my witness whom the detective interviewed now lives out of state) -- should I mention the fact that the detective lied on his report -- that I DID have more witnesses? And should I say that my attacker and his "witness" lied?

    Of course I wouldn't phrase it like that...but I want the judge to know that there WERE relevant witnesses who were NOT questioned, and I was unallowed to use them.</i>

    Yes, I can meet that burden.
    I really don't appeciate being called a liar

    [QUOTE=BOR;443952]http://www.legislature.mi.gov/(S(fct...e=mcl-600-5805

    Yes, it is 5 years IF you meet the statutory definition in 15: Can you meet that burden?


    Yes, I meet that "burden." I don't go around lying to people, and I must say that I do not aprrecite the insinuation.

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can You Sue for "Pain and Suffering" in Small Claims Court

    No, you can NOT sue for pain and suffering in small claims.

    Small claims is for money damages, it has no subject matter jurisdiction for that tort or many others.

    If you brought a major action in state court, then you could go for that in theory.

    That claim is usually restricted by the "impact rule." Do some research, I am not going to type a book here.

    The impact rule though does not apply to libel/defamation and a limited number of other torts.

  7. #7
    Join Date
    Aug 2010
    Posts
    4

    Default Re: Can You Sue for "Pain and Suffering" in Small Claims Court

    [QUOTE=BOR;443952]http://www.legislature.mi.gov/(S(fct...e=mcl-600-5805

    Yes, it is 5 years IF you meet the statutory definition in 15: Can you meet that burden?

    * * * * * * * * *

    Yes, I can "meet that burden." I don't appreciate your insinuation that I'm lying. Of course I've done my research which is why I know about the five-year SOL!

  8. #8
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can You Sue for "Pain and Suffering" in Small Claims Court

    "Tellilng" a judge about the witnesses will do you no good. That is hearsay and is not admissible. If there were witnesses for a criminal case, who gives a rat's arze if the state didn't use them; it is the duty of your attorney to depose them and subpeona them to testify.

    The only way those witnesses will do you ANY good, is to track them down, get them to sit down for a deposition and take their testimony, or do a video deposition if local rules allow that. We are talking about a lawyer, a court reporter, producing the transcripts, etc. and NONE of that can be done with a small claims case.

    You obviously have not done nearly enough research.

  9. #9
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Can You Sue for "Pain and Suffering" in Small Claims Court

    [QUOTE=Macpark;451049]
    Quote Quoting BOR
    View Post

    Yes, it is 5 years IF you meet the statutory definition in 15: Can you meet that burden?

    * * * * * * * * *

    Yes, I can "meet that burden." I don't appreciate your insinuation that I'm lying. Of course I've done my research which is why I know about the five-year SOL!
    You need to chill out. I was not insinuating you were lying. It was a simple LEGAL question. That is what you came here for right, legal answers.

    You'll get no more help here if you accuse everyone of accusing you of lying.

    You "thinking" you meet the burden of proof and "legally" doing it are 2 different elements.

  10. #10
    Join Date
    Aug 2010
    Posts
    4

    Default Re: Can You Sue for "Pain and Suffering" in Small Claims Court

    This was categorized by the police as a domestic violence assault, so I think that is pretty good proof, I hope.

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. Compensation and Overtime: Required to Work Although Sick and in Pain - Is a "No Call Out Policy" Illegal
    By tms27 in forum Compensation and Terms of Employment
    Replies: 1
    Last Post: 06-28-2011, 08:56 AM
  2. Service Providers: Small Claims for Bad "Professional" Wedding Photographer
    By devastatedbride in forum Consumer Law
    Replies: 3
    Last Post: 11-24-2010, 09:29 PM
  3. How Much is Small Claims Court Like "the People's Court"
    By mike1127 in forum Small Claims Court
    Replies: 1
    Last Post: 07-07-2010, 07:36 PM
  4. Lawyer Said "Dismissed", Court Cost Receipt Says "DUI 1st Conviction"
    By teddro in forum Drunk and Impaired Driving Charges
    Replies: 6
    Last Post: 03-21-2008, 03:02 PM
  5. Chapter 13: Difference Between "Base" And "Claims" In Bankruptcy
    By indiana mom in forum Bankruptcy Law
    Replies: 2
    Last Post: 03-17-2008, 08:48 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document