The goal of small claims court is to give those who cannot afford or do not want to engage an attorney choice when they suffer property damage or injury. Many of these folks are unaware that if they have a good claim, they may be able to hire a personal injury attorney who does not charge unless and until the case is won. They do not charge if the lawsuit is not won.
When you hire Law Offices of Fernando D. Vargas as your personal injury lawyer, you get just that. Not every case requires an attorney, and not every case is appropriate for small claims court. Continue reading to learn more about what may be best for your situation, and then call us at 909-982-0707 to schedule a free case review.
Accidents in which you may be able to file a lawsuit
Let us start with scenarios when you are most likely to file a lawsuit, whether in small claims court or with the help of an attorney. If you are involved in an automobile accident and the at-fault party’s insurance company refuses your claim or provides less than your losses, it may be time to pursue legal action. If the motorist is uninsured or underinsured, legal action may be necessary.
When to file a claim in small claims court rather than hiring an attorney
If you cannot find a lawyer who will handle your case on a contingency basis, small claims court may be the best option. Note that while we will defend you without charging you anything up ahead, we can only do so if we are confident in our ability to win your case. If no attorneys are willing to take your case on, you may have to go it alone.
Similarly, if your damages are little, it may be advisable to accept a settlement or file a claim in small claims court. Even though your attorney’s expenses will be deducted from your winnings, you will still have to pay them. If your expected recovery is only a few thousand dollars, it might not be worth it.
When should you hire an attorney?
Because the maximum amount you may recover in small claims court is $10,000, you should employ an attorney if your case is worth more than that. Similarly, if you want to sue the insurance company rather than the person who caused the accident, you will not be able to do so in small claims court. It only permits people to sue, not businesses.
If you are not sure which is best for you and want to know what your best alternatives are, call Law Offices of Fernando D. Vargas for a free legal consultation at 909-982-0707
