Can one sue for pain and suffering and damages? I want to go after FIOS. There is a lot more to the nightmare than we’ve been discussing here:
http://boards.straightdope.com/sdmb/showthread.php?p=14963702&posted=1#post14963702
According to all of the court shows, Pain and suffering can only be obtained if you actually have physical pain. It isn’t valid in contract cases. Of course, This is just from TV mediation cases.
Rules for small claims court vary.
In my limited use of it in CA and WA, it was designed only for measurable damages - physical damage, medical bills, monetary expense, lost wages, etc.
I’ve taken three cases to small claims court. Won all three but was only able to collect money for two of them. Wining in small claims court is only half the battle. The other half is actually collecting. You’ll only be able to obtain a judgement for actual monetary damages. Forget pain and suffering and anguish.
If you’ve got the time, I suggest you go to your local court and view several actual cases to see what happens. Visit the court clerk when he/she isn’t very busy and you can get a lot of free off-the-record advice. It is especially helpful if the court clerk can find a couple cases similar to yours so you can get an idea of how and what to file. Ask lots of questions.
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Someone rear ended us who didn’t have insurance. The young woman had no assets to attach. In California, if you have a judgement against someone in a car accident who has no insurance you can have their license suspended until they pay you. Her mother paid us back in monthly payments. When we were paid back for the damage, her daughter got her license back.
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Someone sold us a refrigerator that he had “refurbished”. This was a business he was running, not a one-off deal. It had a slow Freon leak and stopped working a week later. We were able to attach the salary of his day job.
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Someone broke into our car to steal the radio/tape deck. Did a lot of damage to the car in the process. They broke the window to get in even though the door was unlocked! An off-duty policeman arrested them. The guy had no assets and no job. There isn’t any way to attach the proceeds of the next crime he commits.
Your state law establishes the subject matter Jurisdiction of Small Claims.
Here is my state, you can see what causes of actions are and are not permitted, at least here.