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I just filed a Small Claims suit -- can I include "pain & suffering"???

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Macpark

Junior Member
I was assaulted by someone I know, a guy 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 pain meds I took, the counseling I had afterward, etc...(trying to get all those receipts, if possible -- are receipts 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 happened. 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 in person 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 in the court, and will probably go to court in a month or so.

Also -- 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???


Some of the bills were paid by insurance, but I'm trying to get receipts for the entire bills -- not just what I paid.

PLEASE advise.

P.S. This was a "GAY ISSUE" -- so that is another reason I think this was not pursued criminally.
 


seniorjudge

Senior Member
In small claims courts, I always think you need to bring up every possible issue you can and let the court sort it out.
 

justalayman

Senior Member
=Macpark;2615173]I was assaulted by someone I know, a guy I dated, at a bar back in 2007. (Don't worry -- the statute of limitations for domestic violence in Michigan is 5 years.)
statute of limitations for what? The criminal statute of limitations might be 5 years but the last list I saw that the SoL for an tort is 3 years or 2 years if it was an intentional tort (which would appear to apply here.

If you have anything that is different than that, I would welcome the correction.



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.
Michigan small claims does not allow for equitable relief
 

Macpark

Junior Member
Thanks. I consulted with two attorneys and both told me that the statute of limitations is now five years in Michigan. My attorney friend emailed:
"Be sure to identify in your small claims that you were in a dating relationship. There is a five year statute of limitations for civil assault for domestic violence, but only a two year statute of limitations for non-domestic civil assault... that's a technical legal issue you may have to deal with in small claims."
 

justalayman

Senior Member
Thanks. I consulted with two attorneys and both told me that the statute of limitations is now five years in Michigan. My attorney friend emailed:
"Be sure to identify in your small claims that you were in a dating relationship. There is a five year statute of limitations for civil assault for domestic violence, but only a two year statute of limitations for non-domestic civil assault... that's a technical legal issue you may have to deal with in small claims."
along with identifying the justification, you might want to include the statute allowing the extended SoL:

Michigan Legislature - Section 600.5805

600.5805 Injuries to persons or property; limitations; “dating relationship” defined.

(4) The period of limitations is 5 years for an action charging assault and battery 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.
I ran across this publication which is quite informative concerning this type of situation. I will leave it to you to read thoroughly but I thought I saw something that does allow a claim for P&S in this type of situation. Not sure of it but I thought I saw something in there.

http://courts.michigan.gov/mji/resources/dvbook/DVBB_April2010.pdf
 

Macpark

Junior Member
Thanks for the information, I appreciate it!

I only hope that since it was not prosecuted criminally (because my attacker and his "witness" lied -- that I can get a judgment in Small Claims.
 

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