The purpose of small claims court is to ensure that a person who cannot afford to hire an attorney, or how does not want to hire an attorney, has options when they sustain property damage or injury. Many of those people do not realize that if they have a valid claim, they might have access to the services of a personal injury attorney who does not charge until the case is won. If the case is not won then they do not charge.
That is the case when you choose Law Offices of Fernando D. Vargas as your personal injury attorney. Not all cases are right for an attorney and not all cases are right for small claims court. Keep reading to get the facts about what might be best for your case and then contact us at 909-982-0707 you would like to request a free case evaluation.
Car Accidents in Which You Might Take Legal Action
First, let us discuss situations in which you are most likely to take some type of legal action, whether small claim’s court or working with an attorney. If you are in a car accident and the insurance company of the at-fault party denies your claim or offers less than your damages, then it might be time to take legal action. If the driver was not insured or was underinsured, then legal action might be required.
When to Go to Small Claims Court Instead of Hiring an Attorney
If you cannot find an attorney who will take your case on a contingency basis then it might be best to go to small claims court. Note that while we will represent you with no upfront fees, we can only do this when we feel confident a case can be won. If no attorneys feel confident in your case then you might need to pursue it on your own.
Likewise, if your damages are relatively low then it might be best to accept a settlement or go to small claims court. Even though your fees will come out of what you win, you will still be paying attorney’s fees. It might not be worth doing so if your likely recovery is just a few thousand dollars.
When to Hire an Attorney
If your case is worth more than $10,000 then you will definitely want to hire an attorney because the maximum amount you can recover in small claims court is $10,000. Likewise, if you are going to sue the insurance company and not the individual who was at fault, then you cannot use small claims court. It only allows for suing individuals – not companies.
If you are unsure which is best and want to know what your best options are, you can contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
