Process service trouble for amended claim and more

[Kathy0807]

What is the name of your state? Washington State

Does small claims to recover for medical bills rely on a cause of action and subject to a SOL? Court clerks are saying no and no pain and sufforing awarded in small claims. But I'm suing my neighbor in small claims for neck and post traumatic stress anxiety treatment costs. I initially filed and served a complaint for assault and battery, then learned SOL was 2 years not 3. I filed three years to the date for a 3 yr SOL. Filed amended notice within 20 days as required to raise negligence claim. Trouble serving now, and he served me with a Motion to Dismiss and not much time to serve my amended notice, and he's evading. Would I have a chance at extending the SOL because of the post traumatic stress disorder? I needed time to get over it well enough to confront him in court. Seeing the guy is bad enough. Will I have a problem explaining to judge why I changed cause of action to negligence if I originally claimed assault and battery? Any ideas for difficult process service?

 

[JETX]

Does small claims to recover for medical bills rely on a cause of action and subject to a SOL?

As long as the 'medical bill' claim is for monetary damages, yes.

Court clerks are saying no and no pain and sufforing awarded in small claims.

They are correct. Small claims court is for monetary damages only.... and does not include "general damages". (recoverable by someone injured by another's negligence or intentional attack).

But I'm suing my neighbor in small claims for neck and post traumatic stress anxiety treatment costs.

I know I am going to regret asking this, but..... how can your neighbor be responsible for YOUR "neck and post traumatic stress anxiety treatment"??