Personal Property Damage Case In Small Claims Courtby Kristen White Blogger If you got involved in a car accident and suffered no injuries, and your car was slightly damaged, or you incurred a loss of personal items such as a laptop, watch etc., you may choose to have your case settled through small claims court. When a car accident has been caused by someone’s negligence, the plaintiff has the right to recover the expenses spent on cost of repair for the damaged vehicle.
What Is A Small Claims Court?
Small claims court is a type of court where the plaintiff attempts to recover property damage that don’t involve large amount of money. Sometimes it’s difficult for a plaintiff to decide whether they should file their car property damage claim in small claims court. To ensure one doesn’t make a mistake, it better to find attorneys and law firms in Wasilla Ak to recover a reasonable amount of property damage, you incurred. In any case, to get compensated, the plaintiff has to prove that:
- The driver failed to act in a reasonably under the circumstances.
- A negligent driver causes you to suffer property damage.
As a plaintiff, you can only ask for up to $10,000 in a small claims court case filed in a magistrate court in Alaska. Again, you don’t have all the time to file your claim; you need to keep in mind the statute of limitations. In this case, the time limit in Alaska for small claims actions involving personal property damage and personal injury is two years. If this time elapses without filing a claim, you lose your right to sue. It’s vital to note that in many states, an attorney is allowed to represent the plaintiff. But in Alaska, this is not so. If not sure of the action to take, you can find attorneys and law firms in Wasilla Ak for legal guidance.
When To Contact A Lawyer About Negligent Property Damage
Though property damage claims filed in small claim court are relatively straightforward, you may consider having guidance from car accident property damage lawyers if the below applies to your case:
- Cannot be able to define and proof negligence in your car accident case
- You are not sure about the exact amount of damages you should receive. The fact is you should have a reasonable estimate or else the judge may reject your claim, keeping in mind that the judge will tend to lean on the most cost-effective option.
- When multiple people are at fault
If you are finding it hard to decide whether to file your property damage claim in small claims court, it’s a good idea to speak to car accident property damage lawyers. A good lawyer can offer advice on filing your case in small claims court if they feel your case is not worth the hassle of a lawsuit. The same lawyer can advise on the information needed to support your evidence and lure the judge in giving out a fair decision.
Representing Your Small Claims Court Case
Small claims court is presided over by a judge. As a plaintiff, you may consider having the right information before proceeding to the courtroom. When called upon to give details of your case, you should start first by telling the judge what your dispute is about. The initial description of what transpired such as whom you got involved in an accident with and the amount of damages you incurred should not take long. When giving out the details, you should have the relevant documents in place. Besides, if you have a witness, you should also give their details. There are many courthouses in Alaska. However, one must choose the right court location to ensure the defendant doesn’t dismiss your claim.
Created on Nov 9th 2020 23:07. Viewed 219 times.
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