Outside of small claims court, personal injury lawsuits can be difficult to win. Even in small claims court, you might not find an easy road to victory. Certain types of cases, such as product liability cases and medical malpractice cases, are more difficult to win than others.
Why Small Claims Court Is Easier
In California, the amount of a small claim cannot exceed:
- $12,500 for individuals and sole proprietors; or
- $6,250 for corporations, partnerships, and other entities.
These claim limits automatically eliminate many complex, high-value cases. Small claims procedures are simplified for the layperson, and lawyers are not allowed. Filing fees are lower, and small claims courts generally resolve cases within three months.
Example: How To Win a Negligence Claim
Most personal injury claims are based on negligence, which is a legal term for carelessness. Car accidents are the most common type of negligence claim. Slip and fall claims are another. To win a negligence lawsuit, you must prove that the following facts are true.
Duty of Care
The defendant owed you a duty of care. It is typically not difficult to prove that the defendant owed you a duty of ordinary care, because every mentally competent adult owes everyone else a duty of reasonable care. An automobile driver must stop at a stop light, for example.
It might be difficult, by contrast, to prove that your doctor should have ordered a certain type of blood test. Professionals must observe an elevated standard of care when practicing their profession.
Breach of Duty
The defendant committed a breach of their duty–by running a stop light, for example. In other words, the defendant was negligent.
Actual Cause
The defendant’s breach must have constituted the actual cause of the harm you suffered. That means that but for the defendant’s negligence, you would not have suffered your injury.
Proximate Cause
Proximate cause must also be present. Proximate cause means that given the defendant’s negligence, your injuries must have been foreseeable, not a freak accident.
Damages
You must have suffered damages. That could mean medical bills, lost earnings, pain and suffering, emotional distress, and other tangible and intangible losses.
Burden of Proof
You must prove all five of the foregoing elements by “a preponderance of the evidence” to win your claim. “A preponderance of the evidence” is the measure of the burden of proof that applies to a personal injury claim.
You meet this burden if the evidence indicates that your claim is more likely than not (more than 50% likely) to be true. The defendant’s negligence was more likely than not the proximate cause of your injuries, for example.
Common Circumstances That Make It Hard To Win a Personal Injury Lawsuit
Many different circumstances can complicate your pursuit of victory in a personal injury lawsuit. Below is a list of some of the most common complicating circumstances:
- Insufficient evidence.
- Pre-existing injury of the same type.
- Both parties share liability (comparative fault).
- The statute of limitations deadline forces you to rush your claim.
- Difficulty proving intangible damages such as pain and suffering.
- Scientifically complex claims such as medical malpractice or product liability.
- Legally complex accidents such as freeway pileups.
- Witnesses who are unwilling to testify–passengers in the defendant’s car, for example.
- You are seeking punitive damages (which are inherently difficult to win).
- The defendant has few financial resources.
A full list of complicating circumstances might include hundreds of items.
Do You Need a California Personal Injury Lawyer?
If you plan to file a personal injury lawsuit outside of small claims court, you are almost certainly going to need a California personal injury lawyer to help you prove your claim. Under the contingency fee arrangement that almost all personal injury lawyers use, you only pay attorney’s fees if you win. Otherwise, your lawyer will essentially work for free.
