When planning to file a lawsuit for a personal injury matter in the state of Virginia, one of the first decisions you must make is in which court to file. This article compares the pros and cons of filing in General District Court versus filing in Circuit Court. The intention of this article is to provide an overview of variables to consider, it does not include every difference between filing in these two courts.
Filing in General District Court
Filing a lawsuit in General District Court means the outcome of your lawsuit will be decided by a judge, not a jury. In General District Court, the most you could possibly recover is $50,000. Listed below are the pros and cons of filing your lawsuit in General District Court.
Pros of Filing in General District Court
- Once the lawsuit is filed, the law firm could get a trial as soon as six months out (no guarantees); you are likely to get to trial much sooner in General District Court than in Circuit Court.
- There are no depositions (and therefore, no deposition costs).
- There is very limited discovery (“discovery” is exchanges of information by paper and depositions and this process is costly). Discovery is likely to be more significant in Circuit Court.
- Your pertinent treating doctors will have to review records and bills and sign Affidavits stating that the treatment on those records/bills is necessary and related. This is time-consuming for the law firm, but it is less expensive than having to hire experts, depose experts, and get expert “reports”.
- You can’t be asked to submit a medical evaluation by a doctor for the other side.
- The amount of your recovery at trial is determined by a judge, not a jury.
- Overall, advanced costs ideally should be under $5,000, and even under $3,000. These amounts are just estimates.
Cons of Filing in General District Court
- You are limited to recovering, at most, $50,000 plus the filing fee, and the Judge could decide on a lesser amount.
- If you have not resolved from the injuries, have not explored all treatment modalities, and have not been given the “all clear” or been told by treating physicians that you are at maximum medical improvement, the $50,000 may not be even close to enough for what you may need moving forward for treatment, or your case may be worth more.
Filing in Circuit Court
Unlike filing in General District Court, filing a lawsuit in Circuit Court means your lawsuit can be decided by a jury unless both sides agree to a judge instead. In Circuit Court, you are eligible to recover up to the amount claimed in the lawsuit (this is called the ad damnum). However, it’s important to note that the amount included in a lawsuit is oftentimes a “pie in the sky” amount, meaning it’s much higher than any realistic recovery. Listed below are the pros and cons of filing your lawsuit in Circuit Court.
Pros of Filing in Circuit Court
- Most lawsuits tend to be drafted for Circuit Court in the claim package phase and already provided to an insurance adjustor so it will be ready to go when the time comes to file the lawsuit.
- The amount that you can sue for has the potential to be significantly higher than in General District Court. Remember, the amount being sued for on draft is the “pie in the sky” – you are unlikely to recover the full amount – but the lawsuit aims much higher than what one would anticipate a jury or judge may award (because the most you can get from a jury or judge is the amount you put on the lawsuit).
- Given the applicable statute of limitations and service deadlines, you may have to conclude the case before treatment for any ongoing problems or injuries is completed. If one or more medical treaters will attest to permanency or future treatment being needed, the law firm may be able to claim future medical treatment along with permanency to get a larger recovery even though problems may continue on after the case is tried.
- Once a lawsuit is filed, opposing legal counsel may decide to mediate the case. However, most opposing sides don’t do this until after all discovery has been completed. Most cases wind up going into mediation before trial, but sometimes not until after you have spent a significant amount of money in the discovery phase.
Cons of Filing in Circuit Court
- To take this matter to trial will likely cost between $15,000 and $30,000 or even more in expenses that hopefully would come out of the recovery, but – in one way or another – would have to be paid back to the law firm if the law firm advances those expenses. The litigation costs could be higher, and the amounts here are just estimates.
- If the litigation costs start to really add up, you may be asked to pitch in and help pay for those expenses.
- The law firm would need to hire at least one medical “expert” (probably two) and the opposing side would also hire an expert(s) – these people typically will be deposed. Also, the defense is allowed to have you submit to a medical examination by the doctors or medical providers of their choice (this is common). These are called defense medical examinations. Having experts’ involvement in your case can be quite expensive.
- You will have to be deposed in front of a court reporter, and that can be both stressful and expensive because the court reporter is an additional expense and will charge for both being present and the cost of transcribing the deposition. Sometimes also videographers will be hired to videotape the deposition only further adding to increased costs.
- Law firms are having difficulty getting trial dates sooner rather than later – you would likely have a long wait for a trial date – in many cases up to a couple of years.
- The opposing side will subpoena your records for every single doctor and hospital you have seen and been to (likely since birth). They will subpoena your criminal record, your workers’ compensation record, your DMV record – everything.
Quinn Law Centers Can Help You Make the Right Decision
At Quinn Law Centers, we understand that deciding which court to file your lawsuit in can be a daunting task. We are here to help you make the decision that is in your best interest and guide you through the entire process. Click the link below to contact us with any questions you may have.