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Can I sue in small claims?

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J

Joew

Guest
Hi, I am in the state of California. Someone started a fight with me and I was punched in the mouth by someone and had to get stitches for 5 cuts on my upper and lower lip. I have minor scars now and my lip is a little swollen and seems to be permanent ... it's been about 5 months without change. I talked to a couple lawyers over the phone and they told me to take the person to small claims and sue for the maximum of $5000 for assault and battery, pain and suffering, scarring, and disfigurement and the judge will decide how much I am entitled to. But when I went to file at the clerks desk, the lady told me that it will most likely be thrown out because there is no exact amount to sue for. She said that usually small claims deals with exact amounts like bills or something of that nature. Is this true that it would be thrown out of small claims? Is there anything I can do ... I have medical bills but my insurance company is supposably paying the full amount so I don't think I can sue for those expenses. And if I can't go to small claims, then what do I do? There was also an isue that it would get thrown out of small claims because this happened on a military base which is federal and supposably the small claims or any state court has no juristiction over cases that take place on the base. But I do know someone that got sued for something that happened on base. I know this is a lot, but I would sure appreciate any help. Thanks in advance!
 


JETX

Senior Member
Since your pain and suffering, mental anguish, etc. is probably more than $5,000.00, just show that as the amount being sued for. Then, let the court determine the amount of recovery.
 

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