pain and suffering

[tar268]

California - Can I sue for pain & suffering in small claims?What is the name of your state (only U.S. law)?

 

[dcatz]

Yes. Damages recoverable in SC cases follow the same rules applicable to civil cases generally, including damages for pain and suffering and punitive damages. We don’t know if you have a particular type of case in mind when posting the question and can only tell you that the rules are set forth at Civil Code sect. 3300 - 3318 (breach of contract), CC 3333 - 3343.5 (torts) and the general provisions in CC 3353 – 3360. You can read them here:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20

Additionally, there can be provision for award of pain and suffering for a statutory violation. For example, pain and suffering damages can be recovered for a violation of the Song-Beverly Credit Card Act (CC sect. 1747 -1748.95) and tripled at the Court’s discretion for a willful violation.

A problem to recognize and avoid is SC litigants seeking damages for pain and suffering without giving a Court some guidelines to evaluate the claim. In other words, show the Court that a requested number is appropriate based on the duration, magnitude and consequence(s) of the injury suffered.

Also remember that there is a legal duty to try to lessen (to mitigate) the impact of the injury (and the related pain and suffering) if practically and financially possible.

 

[tar268]

small claims

yes, thank you...my daughter(11) was raped by two boys (12) and (16). They got 5 years probation...not much else. Although we get restitution but that is only for counseling which is paid by the state victims program anyway....I think their parents plus another set of parents (where the "sleepover" happened) should be held responisible.

Of course they are not rich but that shouldn't matter...my brother in law said a judgement would end a message...that this behavior is not tolerated.

So I think the $7,500 limit each could suffice. What do you think?

 

[dcatz]

OP – I extend my sincere condolences to your entire family and my heartfelt wishes for the future well-being of your daughter.

Needless to say, I didn’t expect any response, much less that one. My personal opinion is that it would be irresponsible for anyone to suggest what would “suffice”.

From your response, I am inclined to think that the criminal aspect of this matter has been handled or is concluding in juvenile court and you are left with the civil aspect.

I can only offer a personal opinion that may not be shared: Small Claims is a possible place to pursue this. I don’t think it’s the right place. (And that’s not because the potential maximum award is $7,500 total, not each.)

The explanation for that could be lengthy. Suffice to say that Small Claims is not intended or structured for this type of thing. Aside from the summary and expedited nature of the SC forum, good pain and suffering demands are presented to juries by experienced personal injury attorneys. That doesn’t describe SC or SC litigants and is the reason that something may be granted, but mostly the SC requests are a less-than-successful pantomime.

There is a small monthly publication call Verdicts and Settlements that informs attorneys of what juries are awarding for particular types of cases with particular fact patterns. Before you decide to “send a message” by having to take your daughter for 15 minutes in Small Claims, I would urge you to consult with an experienced P.I. attorney. Liability has been adjudicated, and you can probably get a free consultation. Then, if the decision still is to go to Small Claims, do it.

Good luck.