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Lawsuit hows and WHY!!!!!!

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Denita Godwin

Guest
I filed a lawsuit to day against a man that we hit in the rearend but it was his fault. Because he swerved over in front of us and stop to turn. As it turns out he had no insurance to cover our car. We had liability insurance. but when we filed it turns out to be in District Civil Court. I thought it would be small claims do we need a lawyer for this????? If not were can I get information on this. Tahnks need all imput.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Denita Godwin:
I filed a lawsuit to day against a man that we hit in the rearend but it was his fault. Because he swerved over in front of us and stop to turn. As it turns out he had no insurance to cover our car. We had liability insurance. but when we filed it turns out to be in District Civil Court. I thought it would be small claims do we need a lawyer for this????? If not were can I get information on this. Tahnks need all imput.<HR></BLOCKQUOTE>


My response:

How can we help you without knowing your State? Laws are different all over this nation.

What was the total amount of damages you suffered, and what is the maximum amount you can sue for in Small Claims Court?

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
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denita goadwin

Guest
Sorry about not giving the state the state is Alabama. And as far as they told me small claims goes to 1500.00 dollars over that is considered to be held in a district civil court. IAAL if you can help in any way I would appreciate it.

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:

My response:

How can we help you without knowing your State? Laws are different all over this nation.

What was the total amount of damages you suffered, and what is the maximum amount you can sue for in Small Claims Court?

IAAL

<HR></BLOCKQUOTE>

 
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denita goadwin

Guest
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by denita goadwin:
Sorry about not giving the state the state is Alabama. And as far as they told me small claims goes to 1500.00 dollars over that is considered to be held in a district civil court. we are sueing for 3003.00 that is for the car totaled 1,850.00 and 1,000.00 pain and suffering for our infant son who is have night terrors since the accident and refuses to sleep more than a hour or 2 at a time. plus 45.oo storage fees for the car, and 108.00 for the filing of the case. IAAL if you can help in any way I would appreciate it.

<HR></BLOCKQUOTE>

 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by denita goadwin:
Sorry about not giving the state the state is Alabama. And as far as they told me small claims goes to 1500.00 dollars over that is considered to be held in a district civil court. IAAL if you can help in any way I would appreciate it.

<HR></BLOCKQUOTE>

My response:

Okay, let me ask it this way. How much damage did you suffer? In other words, did you take your car in for an estimate of how much it will cost to repair? If your damages are not too much over the $1,500.00, it may be worth it to only claim that amount, in terms of your time, effort, and having to hire an attorney for District Court.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 03, 2000).]
 
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denita godwin

Guest
The car was esimated totaled by 3 different companys plus our insrance agent. To replace the car would be 1,850.00
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by denita godwin:
The car was esimated totaled by 3 different companys plus our insrance agent. To replace the car would be 1,850.00<HR></BLOCKQUOTE>


My response:

Then, of course, I would "remit" to the jurisdictional maximum of the Small Claims court, and call it a day. The extra $350.00, when compared to the time and energy, attorney's fees, and costs, involved for District court, does not make economic sense. Small Claims court does not allow attorneys. It's the "People's Court" and it's easy to fill out the forms, and to present your case and evidence to the judge (estimates of damage and photos of the vehicle). The court also has FREE Small Claims court Advisors - - not to represent you, but to assist you outside of the courtroom to help you better present your case, and give you other good tips, and to help you with the forms. Make an appointment to speak with an Advisor as soon as possible by calling your local Small Claims court.

Good luck to you.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 05, 2000).]
 
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Denita Godwin

Guest
The 1,850.00 was just for the car but you left out the court cost the pain and suffering for our son who is still not sleeping and the other things that were brought out before. What about those would you drop them if it were you? Not being critical just won't you true response.
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Denita Godwin:
The 1,850.00 was just for the car but you left out the court cost the pain and suffering for our son who is still not sleeping and the other things that were brought out before. What about those would you drop them if it were you? Not being critical just won't you true response.<HR></BLOCKQUOTE>

My response:

This is the first time you've mentioned that anyone, let alone your son, was in the vehicle or complained of injuries. Unless you specifically state these facts from the beginning, all I, or anyone, can do is answer you based upon the facts you give us.
Such "new" facts changes the information I have given you.

Of course I would seek damages for a person who was injured in such an accident. I would also seek an attorney for this matter, specializing in Personal Injury Law. That way, you can claim not only for your property damage in the full amount, but also for everyone's pain and suffering. (court costs are added to the judgment if you win).

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

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