Massachusetts Personal Injury Library
Should I Sue For Personal Injuries in a Small Claims Court?
If you have suffered personal injuries or damages because of another person’s negligence, or because of an intentional act, you may file a lawsuit against that person to recover money for the damages you incurred. You can do this by contacting an attorney and filing a injury claim in Massachusetts.
Another option, however, is to pursue the damages in a Massachusetts small claims court.
What is a Small Claims Court?
In Massachusetts, a small claims court is a special session of the district court, which is “designed to provide a simple, informal and inexpensive procedure for the resolution of smaller cases that involve $2,000 or less.”
- Therefore, if your damages do not amount to more than $2,000, you can go ahead and file your claim in a Massachusetts small claims court.
- If your estimated damages exceed $2,000, you will probably want to file your claim in an ordinary district court.
How do I File a Small Claims Action?
You can file a small claims action in a Massachusetts small claims court by filing a form called a “Statement of Claim and Notice of Trial,” and paying a filing fee.
The filing fee for small claims of $500 and less than $30. The filing fee for claims that exceed $500 is $40.
This form is available in the clerk’s office at any of the 62 district courts in Massachusetts.
Additionally, as stated on the Massachusetts court system website, “You may bring a small claim only in the court for the area where either the plaintiff or the defendant lives or has a place of business or employment.”
Will I be Able to Collect my Small Claim from the Defendant?
If you win your case in a small claims court, the defendant will be ordered to pay the judgment, so long as they are financially able to do so. If they do not pay, then they may be imprisoned on a contempt of court charge.
For more than 30 years the Boston personal injury attorneys at Kiley Law Group have fought on behalf accident victims.
Our lawyers take time when speaking with you about your injuries and the impact they have had on your life. We work with you on a contingency basis, which means there are NO FEES unless our trained personal injury attorneys win your case.
Call now for a FREE legal consultation: 1-888-208-1695.
