Our car accident lawyers get this question a lot, and we do have a good amount of litigation in General District Court, which is an option for clients seeking damages under $50,000. There are also no juries—just the judge—so it is less stressful for the client. Evidence can also be introduced via affidavits. Cases usually move through the GDC quicker than the circuit court.

At Shapiro, Washburn & Sharp, we examine the facts and circumstances of each individual case to determine the client’s type of case and which court would be most beneficial. We can evaluate your case and determine your best legal options for recovering damages. Call us today at 833-997-1774 for a free consultation.

What Are the Differences Between General District Court and Circuit Court in Virginia?

In Virginia, the General District Court and Circuit Court have distinct roles and differences in handling cases:

General District Court

  • Hears civil cases involving smaller monetary claims (up to $50,000).
  • Does not conduct jury trials; cases are decided by a judge.
  • Typically has faster timelines and simpler procedures.
  • Handles initial stages of criminal and traffic cases.

Circuit Court

  • Hears cases involving higher monetary claims (over $50,000).
  • Allows for jury trials or bench trials (judge-only).
  • Handles appeals from the General District Court and more complex litigation.
  • Generally involves longer timelines and more formal procedures.

Choosing the appropriate court depends on the specifics of the motor vehicle case, including the amount of damages sought and the complexity of the legal issues.

Why Would You File a Motor Vehicle Case in the General District Court?

There are several reasons to bring a motor vehicle case to the General District Court instead of the Circuit Court:

  • Lower monetary claims: General District Court is appropriate for damages of $50,000 or less, such as minor injuries or vehicle repair costs. This court offers an efficient and cost-effective option for claims under $25,000.
  • Faster resolution: Cases in General District Court typically move faster than in Circuit Court, as the court has streamlined procedures and no jury trials.
  • Simpler process: Filing and presenting a case in General District Court is less complex, making it accessible for individuals without legal representation.
  • Cost efficiency: Filing fees and litigation costs are generally lower in General District Court. Additionally, the absence of jury trials reduces legal expenses.
  • Avoiding the risk of jury trial: Some plaintiffs may prefer a judge to decide the case, especially for straightforward disputes, rather than presenting it to a jury. For example, the General District Court is a practical choice if a car accident caused $20,000 in property damage and minor injuries.

Why Would You File a Motor Vehicle Case in Circuit Court?

Filing a motor vehicle case in Circuit Court may be advantageous in the following situations.

  • Higher monetary claims: Cases involving damages exceeding $50,000 must be filed in Circuit Court. This typically includes severe injuries, permanent disability, or significant financial losses.
  • Jury trials: Circuit Court provides the option for a jury trial, which may be beneficial if the plaintiff believes a jury will be more sympathetic to their case.
  • Complex legal issues: If the case involves complicated legal or factual disputes (e.g., multiple parties or disputes over liability), Circuit Court’s more formal structure may be necessary.
  • Appeals from General District Court: A party dissatisfied with a General District Court ruling can appeal the case to the Circuit Court for a new trial (de novo). For example, if a car accident resulted in $200,000 in medical bills and lost wages, the plaintiff must file in Circuit Court.

Can You Transfer a Motor Vehicle Case Between Courts in Virginia?

Yes, under certain circumstances, a motor vehicle case can move between courts:

  • Appeals from General District Court to Circuit Court: Either party can appeal a General District Court decision to the Circuit Court within 10 days of the ruling. The case is tried anew, with the option for a jury trial.
  • Filing amendments: If the damages claimed initially in General District Court increase beyond $50,000, the plaintiff may file a new case in Circuit Court or amend their claim. Strategic considerations, such as potential jury sympathy or the case’s complexity, may influence a decision to appeal or transfer.

How Do You Decide Which Court is Best for a Motor Vehicle Case?

The choice between General District Court and Circuit Court depends on several factors:

  • Amount of damages: Claims under $50,000 are well-suited to General District Court, while higher claims require Circuit Court.
  • Time and cost: General District Court is faster and less expensive, making it ideal for straightforward, lower-value cases.
  • Need for a jury trial: If a jury trial is crucial for the case’s success, the Circuit Court is the appropriate venue.
  • Complexity of the case: Cases with complex legal issues, disputed liability, or high-value damages are better suited for Circuit Court.
  • Legal strategy: Consultation with an experienced attorney can help weigh the risks and benefits of each court, ensuring the best approach for the case.

By evaluating these factors, plaintiffs can select the court that aligns with their legal goals and the specifics of their motor vehicle case.

How Can Your Law Firm Help?

If you have been injured in an accident caused by a negligent driver, do not delay contacting Shapiro, Washburn & Sharp to speak with one of our skilled car accident attorneys. We will evaluate your case and determine your best legal options for recovering damages caused by the accident.

Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.