When pursuing a personal injury claim, you may wonder who will ultimately decide the outcome of your case—a judge or jury.
Though we’re used to seeing judges and juries in court cases on our favorite television shows, a jury isn’t always present. It depends on several factors, including the type of court handling the case, its complexity, and how much money the plaintiff is seeking.
Below, we break down the main differences between the General District Court (GDC) and Circuit Court in Virginia and who decides each case. We also show you how our Virginia Beach personal injury attorneys can maximize your chances of experiencing a successful outcome either way.
What Is the General District Court?
A general district court (GDC) is a lower-level trial court in the state court system. Sometimes referred to as a “small claims” court, it typically handles less complex, lower-value cases. These may be civil cases with smaller claims, minor criminal cases, or preliminary hearings for more serious charges.
A judge, rather than a jury, decides the case. He or she reviews the facts, evidence, and arguments and delivers a verdict based on the law.
The specific monetary cap that applies to GDC in Virginia is up to $50,000 for personal injury and wrongful death cases, though for other civil claims, the limit is usually $25,000. Examples of cases that may go to GDC include minor car accidents where medical bills are relatively low, slip-and-fall accidents with no permanent or long-term injury, and incidents involving lower-cost property damage.
What Is a Circuit Court?
Circuit courts are reserved for higher-value claims, usually those exceeding the GDC’s monetary cap. They also handle more complex cases or cases involving significant legal or factual disputes.
If you go to a circuit court as a plaintiff, you and your personal injury attorney may have the option to request a jury trial. The jury, composed of community members, will then evaluate the facts and determine the outcome of the trial under the guidance of the judge.
Examples of the types of cases that may go to circuit court include more severe personal injury cases or wrongful death cases where the plaintiff seeks substantial compensation that is higher than the GDC’s limits.
Pros and Cons of GDC and Circuit Courts
If your case goes to a GDC, you’ll likely see a faster resolution, which can help reduce the expenses and time commitments associated with a jury trial. The judge will focus on the facts and the evidence, and in general, the case is expected to be fairly straightforward. As the plaintiff, you may be able to expect a more predictable outcome and have to worry less about how a jury may react.
However, because a judge—not a jury—decides the outcome, you may miss out on a jury’s sympathy, which can sometimes lead to higher awards. If you’re not happy with the outcome, you do have the option to appeal the decision in circuit court. As your attorneys, we can help advise you on that.
If your case goes to circuit court, the jury decides the outcome, which means you may receive higher damages. The process is likely to be lengthier, however, and more expensive and complex. Having a jury involved adds layers of preparation to the mix as attorneys work to present compelling arguments.
How Can a Personal Injury Attorney Help?
Our skilled Virginia Beach personal injury attorneys help you secure a favorable outcome no matter which court hears your case. When examining the evidence, we will consider the potential damages and the complexity of the case to determine which court will offer the best avenue of recovery. We can help advise you on whether a jury trial may lead to better results or when the GDC will likely be a better option.
We will always negotiate on your behalf with the insurance companies and other parties involved to help reach a fair settlement, if possible, allowing you to avoid going to court.
If you suffered a serious injury in any type of accident, contact our firm today for a free initial consultation. No matter the size of your case, we are here to help, as we did for our client who suffered orthopedic injuries when she tripped while visiting a Virginia restaurant. We showed that the restaurant owner failed to meet its legal duty to protect our client and convinced the company to settle her claims.
Named a “Best Law Firm” since 2010, we have offices in Virginia Beach, Chesapeake, Portsmouth, Hampton, and Norfolk.
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