What are the steps to file a personal injury lawsuit in California's small claims court, and what are the monetary limits?
To file a personal injury lawsuit in California small claims court, you must file a claim form, pay a fee, and formally notify the person you are suing. The monetary limit for an individual is $12,500.
Here are the steps to file your claim:
Step 1: Confirm Your Claim is Within the Limit
The maximum amount you can sue for in a personal injury case as an individual is $12,500. If your damages (medical bills, lost wages, etc.) exceed this amount, you must either waive the extra amount to stay in small claims or file in a higher court.
Step 2: Complete the Court Form
Fill out the "Plaintiff's Claim and ORDER to Go to Small Claims Court" (Form SC-100). You can get this form from your local courthouse or download it from the California Courts website. You will need the full legal name and address of the person or business you are suing (the "defendant").
Step 3: File Your Claim with the Court Clerk
File the completed form in the correct court, which is usually in the county where the injury occurred or where the defendant lives. You must pay a filing fee, which varies from $30 to $75 depending on the amount of your claim.
Step 4: Serve the Defendant
You must "serve" the defendant with a copy of the filed claim. This means giving them formal notice of the lawsuit. You cannot do this yourself. You can pay the court clerk to serve by certified mail, pay the sheriff's department or a private process server, or have an adult friend or relative who is not a party to the case do it. Service must be completed at least 15 days before the court date if the defendant lives in the county, or 20 days if they live outside the county.
Important considerations:
Gather all your evidence before your court date, including medical bills, receipts, photographs of your injuries, and contact information for any witnesses. You cannot have an attorney represent you in the small claims hearing, but you can consult with one beforehand to prepare your case.
Note:
Properly serving the defendant is critical; if you do not follow the legal rules for service, your case may be dismissed. As the plaintiff, if you lose your case, you cannot appeal the judge's decision.
This is general information and does not constitute legal advice. For complex situations or claims exceeding the small claims limit, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Personal Injury
Accident claims, medical malpractice, and compensation rights
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