The Small Claims Court Process: Making the Best Argument in Your Civil Lawsuit...

The most important part of the small claims court process is the evidence and your argument. Previous settlement negotiations you've had with the adjuster no longer matter. All that matters now is what the judge thinks.

Preparing for the small claims court process should therefore be something you do very carefully. Practice presenting your proof and arguments clearly, in a logical order. Make sure you have enough time to point out the most important facts, even if that means leaving out some minor details.

Since you should definitely retain a lawyer in a formal court case, we'll discuss handling your argument in terms of small claims court.

The first thing you should do to strengthen your argument is to get your evidence in order. Throughout your claim, you've kept everything neat, orderly and in writing. And you've filed it in a way that's easy for you to reference.

Now, you've got to make sure it's presented in a way that a judge will easily understand. You also want to package written evidence neatly since the judge may want to see it. During the small claims court process a judge might ask for a specific document or a set of documents.

Before the date of your court appearance you should have all the necessary documents copied and presented in an orderly file. This should include copies of your personal injury demand letter, police reports, witness statements and accident photos.

Papers confirming the amount of your damages, such as medical bills or the letter from your employer's Human Resources department, should be included in this file. Any medical records, including x-rays, that demonstrate the extent of your injuries should also be included.

You should have copies for the judge, the defendant and yourself. When it comes up during your hearing, let the judge know that you have your paperwork ready for his/her examination. Offer it to the judge, but don't give it to them unless you're asked.

The same goes for giving it to the defendant. Ask the judge if you're to share it with the defendent. If the judge doesn't feel it's important to look beyond the one document they want, then that's their decision. Don't question it.

Before the civil lawsuit hearing you'll also need to prepare a statement. This will be like your opening argument. You'll want it to be clear and direct. You'll need it to state all of the important facts. What you say will follow very closely with what you wrote in your demand letter.

Your oral statement should detail events in a chronological fashion, so it's easy for everyone to understand. Your statement should include:

• what kind of accident it was and where it happened


• how it happened (in a way that shows the other person's fault)


• cite the evidence you have that backs up your assignment of liability

Just mention the evidence at this time. If the judge wants to hear more about it or see it, they'll ask. Chances are that will come up later.

The next thing you want to do, just like in your demand letter, is to explain the injuries you suffered. Explain your treatment and the extent of the other special damages, such as missed work days.

Be sure to emphasize your pain and suffering and other non-monetary damages. Close your statement with how much money you feel you're entitled to.

The amount you ask for in a civil lawsuit should be less than what you asked for in your demand letter. It should, however, be more than you feel you deserve. There's a fair chance the judge won't award you the full amount of your request.

There will be times when you feel you deserve more than your state's small claims limit. You can still ask for that amount. Just be ready to explain to the judge that you're aware of the small claims court process and monetary award limits, but feel you should get the maximum amount.