Introduction to Damages in Small Claims Court
Small claims court provides an affordable and accessible way to resolve minor legal disputes without the need for a lawyer. One of the key outcomes of a successful case is the award of damages, or compensation, for your losses.
Damages are intended to make you “whole” — that is, to restore you financially to the position you were in before the dispute occurred. While specific limits and rules vary across jurisdictions, understanding what types of damages you can claim and how to calculate them accurately is vital for success.
Types of Damages You Can Claim
Damages in small claims court generally fall into two main categories: compensatory and non-compensatory (punitive).
A. Compensatory Damages
Compensatory damages aim to reimburse you for actual losses caused by the defendant’s actions. They are further divided into economic and non-economic damages.
Economic Damages
These represent tangible financial losses, such as:
- Unpaid debts or wages
- Medical expenses related to injury or harm
- Repair or replacement costs for damaged property
- Loss of income or business revenue
- Out-of-pocket expenses (e.g., transport, materials, or admin costs)
Non-Economic Damages
These address intangible losses, including:
- Emotional distress or mental anguish
- Pain and suffering (allowed only in certain jurisdictions)
⚖️ Note: Non-economic damages are less common in small claims courts and are usually limited to cases where emotional or physical harm can be clearly demonstrated.
B. Punitive Damages
Punitive damages are designed to punish the defendant for intentional, reckless, or fraudulent behaviour. They are rarely awarded in small claims court but may be available if the conduct involves:
- Fraud
- Deliberate misrepresentation
- Malicious intent
In such cases, the goal is not only compensation but also deterrence — to discourage similar conduct in the future.
Specific Examples of Damages You Can Claim
Here are some common small claims court scenarios and the types of damages you might seek:
Property Damage
- Repair or replacement costs for damaged items (e.g., car, electronics).
- Depreciation in value if the item cannot be fully restored.
Unpaid Debts or Services
- The total amount owed for services rendered or goods delivered.
- Contractual late fees or interest (if specified in writing).
Breach of Contract
- Financial loss due to failure to perform obligations.
- Additional costs incurred as a direct result of the breach.
- Reimbursement for time and effort spent resolving the issue.
Personal Injury
- Medical expenses such as hospital or physiotherapy bills.
- Lost wages due to time off work.
- In limited cases, emotional distress damages.
Landlord–Tenant Disputes
- Refund of a wrongfully withheld security deposit.
- Costs of repairing property damage caused by negligence.
- Compensation for illegal eviction or failure to maintain livable conditions.
What You Cannot Claim in Small Claims Court
While small claims court covers many types of disputes, there are important exclusions:
- Claims exceeding the court’s monetary limit (this limit varies by jurisdiction).
- Attorney or legal fees, unless explicitly permitted by contract or statute.
- Punitive damages, in most jurisdictions.
- Complex or criminal cases beyond the court’s simplified procedure.
If your damages exceed the limit, you may need to waive the excess or pursue your case in a higher court.
How to Calculate Damages for Your Claim
Accurate calculation of damages strengthens your case and shows the court you’re prepared and credible. Follow these steps:
Step 1: Identify All Losses
List every direct and indirect loss resulting from the defendant’s conduct. Include repair costs, unpaid balances, and lost income.
Step 2: Gather Evidence
Collect supporting documents such as:
- Receipts and invoices
- Contracts or written agreements
- Medical records or reports
- Photos of damaged property
- Correspondence (emails, texts, or letters)
Step 3: Add Interest
If the defendant owes money under a contract, calculate interest from the date the amount became due, if allowed by law.
Step 4: Prepare a Breakdown
Create a clear, itemised table of damages. For example:
| Type of Damage | Description | Amount (£) |
|---|---|---|
| Property repair cost | Repairing laptop screen | 300 |
| Lost wages | 2 days off work | 250 |
| Delivery expense | Replacement shipping | 25 |
| Total | £575 |
This breakdown helps the judge understand your calculations quickly and clearly.
Proving Damages in Small Claims Court
The burden of proof is on you, the claimant. To succeed, you must demonstrate that your losses are real, measurable, and caused by the defendant.
How to Prove Your Case:
- Present clear evidence and documentation.
- Provide receipts, contracts, or expert assessments.
- Bring witnesses if needed (e.g., contractors, repair experts).
- Explain your losses logically and briefly — judges appreciate concise, factual presentations.
💡 Tip: Practise explaining your case in 5–10 minutes. Focus on what happened, what you lost, and how you calculated the damages.
Maximising Your Chances of Success
- Be prepared: Bring copies of all evidence neatly organised.
- Stay professional: Avoid emotional arguments; focus on facts.
- Know the limits: Research your local small claims court’s monetary cap.
- Be realistic: Claim only what you can prove — inflated claims reduce credibility.
Frequently Asked Questions (FAQs)
1. Can I claim emotional distress in small claims court?
Sometimes. Certain jurisdictions allow it as non-economic damage, but only with clear evidence of genuine emotional or psychological harm.
2. Can I sue for lost wages?
Yes. If the defendant’s actions caused you to miss work, you can claim lost income as part of your economic damages.
3. Are legal fees recoverable in small claims court?
Usually not. Each party bears their own costs unless a contract clause or law specifies otherwise.
4. What if the damages exceed the court’s limit?
You can waive the excess to remain in small claims court or file in a higher court with a higher monetary limit.
5. Can I claim punitive damages in small claims court?
Rarely. They may only be awarded in fraud or intentional harm cases, depending on your jurisdiction.
6. Do I need evidence for every damage I claim?
Yes. The judge will rely heavily on documentary evidence — unsupported estimates are unlikely to be accepted.
Conclusion
Understanding what damages you can claim and how to prove them is key to winning in small claims court. Whether you’re pursuing compensation for unpaid debts, property damage, or a breached agreement, preparation is everything.
By carefully calculating losses, gathering strong evidence, and presenting your case clearly, you’ll maximise your chances of a successful outcome. Small claims court is designed to be accessible — with the right approach, you can recover what you’re owed quickly and affordably.
For fixed-fee legal help with your case,
contact Martin Taggart — your trusted UK legal partner.