The legal landscape in Virginia is constantly evolving, and it’s important for anyone involved in a personal injury case to understand how these changes may affect their claim. Beginning July 1st, the Virginia legislature has made significant changes to the General District Court’s jurisdictional limits, which could impact your ability to seek compensation for your injuries. Below, we answer common questions about these changes and how they might affect your case.
What Is The Jurisdictional Limit For Cases Filed in Virginia General District Court?
On July 1, 2021, the jurisdictional limits for personal injury cases were significantly increased. Previously, the maximum amount you could sue for in General District Court was $25,000. However, the legislature has raised this limit to $50,000. This increase means that plaintiffs—those who are injured and seeking compensation—can now pursue higher compensation amounts in General District Court.
Why Is This Increase in Jurisdictional Limits Important?
Raising the jurisdictional limit allows more significant personal injury cases to be heard in General District Court rather than Circuit Court. For injured individuals, this change provides an opportunity to seek better compensation without going through the more expensive and time-consuming process of Circuit Court. By raising the limit to $50,000, the General District Court becomes a more viable option for cases that involve moderate injuries and medical expenses.
What Are the Benefits of Filing a Personal Injury Case in General District Court?
There are several benefits to filing a personal injury case in General District Court, especially with the increase in the jurisdictional limit:
- Lower Stress Environment – General District Court does not involve a jury trial. It’s just you, your attorney, the judge, and the defendant and their attorney. This setting is often less stressful compared to Circuit Court.
- Lower Costs – Because General District Court has more streamlined procedures, the costs of bringing a case are significantly lower. You don’t need to call expert witnesses to testify in person. Instead, you can submit medical records and bills through affidavits, which keeps expenses down.
- Quicker Resolutions – One of the key advantages of General District Court is the shorter time frame to resolution. The process typically moves much faster than Circuit Court, cutting the time to resolution in half, if not more.
Do I Need a Medical Expert Witness in General District Court?
No, one of the significant benefits of General District Court is that you don’t need to bring an expert witness or medical provider to testify in person. Medical records and bills can be submitted through affidavits, simplifying the process and reducing costs. This makes it easier for plaintiffs to present evidence without the added burden of coordinating live testimony from medical professionals.
What Types of Personal Injury Cases Are Best Suited for General District Court?
With the increased jurisdictional limit of $50,000, General District Court is an excellent option for personal injury cases where:
- Medical bills are significant but under $50,000
- The injury is moderate and does not require extensive long-term treatment
- You want a quicker resolution to your claim
However, if your case involves permanent injuries, higher medical bills, or long-term care, Circuit Court may still be a better option.
Can I Appeal a General District Court Decision?
Yes, if you are unhappy with the decision reached in General District Court, you have the option to appeal the ruling to Circuit Court. Once you appeal, the case essentially starts over, and you can request a jury trial, present new evidence, and adjust the amount of damages you are seeking. This gives plaintiffs a second chance to obtain fair compensation if the General District Court decision is not satisfactory.
Should I File My Personal Injury Case in General District Court or Circuit Court?
The choice between General District Court and Circuit Court depends on the specifics of your case. With the increase in the jurisdictional limit to $50,000, many cases that previously would have been filed in Circuit Court may now be appropriate for General District Court. This option can save you time and money, and it often results in a quicker resolution. However, for cases involving more severe injuries or higher damages, Circuit Court may still be the best choice.
How Can Shapiro, Washburn & Sharp Help with My Personal Injury Case?
At Shapiro, Washburn & Sharp, we have decades of experience helping clients navigate personal injury cases in both General District Court and Circuit Court. With the 2021 changes to the jurisdictional limits in the General District Court, it is more important than ever to have an attorney who understands the best strategy for your case.
If you’ve been injured due to someone else’s negligence, contact us today to discuss your options. We’ll work with you to determine whether General District Court or Circuit Court is the best choice for your case, ensuring you receive the compensation you deserve. Call us at 833-997-1774 for a free consultation.