A personal injury lawsuit in Virginia can generally be filed in either the Circuit Court or the General District Court.
1. In the city or county where the accident occurred
2. Or where one or more defendants live, work, or conduct substantial business.
If a plaintiff is seeking an amount greater than $4,500, he or she can file his or her claim in the Circuit Court, which is the higher trial court.
Filing General District Court
A plaintiff can file his or her claim in the General District Court, which is the lower trial court, if he or she claims an amount no greater than $50,000. Therefore, choosing the proper court to file a personal injury lawsuit is specific to the facts of the individual injury claim. Above all, our experienced personal injury lawyers in Virginia Beach can help you regarding the filing of such a lawsuit.
Filing in Circuit Court
The lawsuit will usually be filed in the Circuit Court for severe personal injury cases. In Circuit Coury, there is no cap on the amount the plaintiff can request in most cases. However, it is essential to note that the amount requested in a lawsuit is not the amount the plaintiff is automatically awarded if the defendant(s) is (are) found to be responsible for the accident causing the plaintiff’s injuries.
Assuming the plaintiff establishes the responsibility of the defendant(s). The plaintiff will be awarded an amount that the finder of fact determines to be appropriate compensation for the plaintiff’s injuries. Still, the finder of fact cannot award an amount more significant than requested in the plaintiff’s lawsuit. In the Circuit Court, the finder of fact is usually a jury in personal injury cases.
For less severe injury claims, plaintiffs often file lawsuits in the General District Court. General District Court is usually quicker and cheaper for a plaintiff to prosecute his or her claim. In the General District Court, the applicable Virginia Code section can introduce a plaintiff’s medical records with an accompanying affidavit.
Presenting an injury claim through medical records and affidavits
Presenting an injury claim through medical records and affidavits makes the cost of the litigation much lower for a plaintiff in the General District Court. Furthermore, the plaintiff does not have to pay his or her healthcare providers to testify at trial, as is typically done in the Circuit Court. Above all, a judge, not a jury, decides trials of cases filed in the General District Court.
However, any litigants can appeal the General District Court’s judgments to the Circuit Court. Moreover, a jury can decide a General District Court case on appeal to the Circuit Court.
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At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
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