Skip to main content
View Plans

Personal Injury Claims

Complete guide to handling minor injury claims in small claims court.

Minor Personal Injury Claims

Small claims court can handle minor injuries from accidents, dog bites, slip and falls, and out-of-pocket medical costs when damages stay within your state's limits.

$500-$7,500
Typical Claims
1-2 Years
Statute of Limits
30-90 Days
Typical Resolution

What Small Claims CAN Handle

  • Minor injuries from car accidents (soft tissue, sprains)
  • Out-of-pocket medical costs not covered by insurance
  • Dog bites causing minor injuries
  • Slip and fall with small medical bills
  • Lost wages from short-term injury
  • Minor burns, cuts, or bruises from negligence

What Requires Different Courts

  • Serious or permanent injuries
  • Complex medical cases requiring expert testimony
  • Claims exceeding state small claims limits
  • Workers' compensation claims
  • Medical malpractice
  • Product liability with serious harm

Common Scenarios

🚗

Minor Car Accident Injury

Fender bender caused whiplash or soft tissue injury. You have out-of-pocket costs for urgent care, chiropractor visits, or medications not fully covered by insurance.

Typical claim: $500 - $5,000
🐕

Dog Bite Injury

Neighbor's dog bit you causing puncture wounds requiring medical attention, antibiotics, and potentially a tetanus shot. Owner refuses to cover costs.

Typical claim: $300 - $3,000
🧊

Slip and Fall

Slipped on wet floor at store or icy sidewalk at apartment complex. Resulted in sprained ankle or wrist, with ER visit and follow-up care costs.

Typical claim: $500 - $4,000
💼

Lost Wages from Injury

Minor injury caused you to miss work for several days or weeks. You have documented lost income and medical clearance showing when you could return.

Typical claim: $500 - $3,000

Evidence You Should Gather

Personal injury cases require strong documentation of both the injury and resulting costs. Gather these items before filing.

Medical Records

  • Emergency room or urgent care records
  • Doctor's notes and diagnoses
  • Physical therapy or specialist records
  • Prescription records
  • Medical release to return to work

Photos & Visual Evidence

  • Photos of injury (bruises, cuts, swelling)
  • Photos of accident scene or hazard
  • Photos of damaged property or clothing
  • Timeline photos showing healing process

Communications

  • Incident report (police, store, workplace)
  • Witness statements and contact info
  • Communications with property owner
  • Demand letter sent before filing

Financial Records

  • Medical bills and receipts
  • Insurance explanation of benefits (EOB)
  • Pay stubs showing lost wages
  • Transportation costs to medical appointments

Critical Information for Personal Injury Claims

Statute of Limitations
Most states give 1-3 years from the date of injury to file. Missing this deadline means losing your right to sue entirely.
Proving Negligence
You must show the defendant had a duty of care, breached that duty, and directly caused your injury and damages.
Comparative Fault
If you're partially at fault, your recovery may be reduced. Some states bar recovery if you're more than 50% at fault.
Insurance Subrogation
If your health insurance paid bills, they may have a right to part of your recovery. Check your policy before settling.

Pro Tip: Seek Medical Care Immediately

Gaps in treatment can weaken your case. See a doctor right away and follow their treatment plan. Courts view delayed treatment as a sign the injury wasn't serious.

Calculate All Your Damages

Include medical bills, lost wages, transportation to appointments, over-the-counter medications, and any assistive devices you needed. Keep all receipts.

Document the Scene Right Away

Photograph the hazard, get witness names, and report the incident. Evidence can disappear quickly - stores may fix hazards, and memories fade.

Wait Until You've Fully Healed

Don't file too early. Once you settle or get a judgment, you can't ask for more money if complications arise later. Wait until treatment is complete.

Example Case + How This Site Helps

Example: You had a minor slip-and-fall with out-of-pocket medical costs.

A store spill was left unaddressed, causing a minor injury. You are pursuing limited medical bills and lost wages within small claims limits.

Typical claim range: $1,000-$8,000

What to collect first

  • Incident report and scene photos
  • Medical bills, treatment notes, and work absence proof
  • Witness contact info and follow-up statements
1

Confirm fit and priorities

Start with the quiz so the app can steer you toward the right dispute flow and state rules.

Take the quiz
2

Organize evidence and timeline

Use Case Manager to track facts, deadlines, and uploads so your story is clear and ready for court.

Open Case Manager
3

Prepare your pre-filing package

Generate a demand letter and supporting documents to improve settlement chances before filing.

Build demand package
4

Plan filing and hearing prep

Use filing guidance, calendar, and statement tools so you can submit correctly and present clearly.

Review filing steps

Ready to Assess Your Injury Claim?

Take our intake quiz to organize your facts and see if small claims is right for your situation.

Legal Disclaimer

This page provides general information only and is not legal advice. Laws vary by state and locality, and information may be outdated. No attorney-client relationship is created. Consult a licensed attorney for advice about your specific situation. See our Terms of Service and Privacy Policy.

Site assistant
Hi, I’m the Small Claims Helper assistant. I can describe what each part of the site does and how to use it. Ask about the quiz, steps, states, docs, resources, or preparing for court.
Disclaimer: This assistant explains how to use this website only. It is not a licensed attorney, does not provide legal advice, and cannot evaluate your case. Information may be incomplete or outdated. Always verify with official court websites and consult a lawyer for legal advice.