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It appears likely that the Virginia General District Court limits will increase from $15,000 to $25,000

It appears likely that the jurisdictional limit in Virginia General District Courts will increase to $25,000. Currently, the maximum amount that someone can sue for in General District Court is $15,000. Any lawsuit that is above that amount must be filed in Circuit Court. If the law is approved, it will almost certainly mean that far more personal injury cases are filed in General District Court than previously were.

Advocates of the increase in the limits note that the change will mean that more cases can be tried more quickly, and less costly. In Circuit Court, it usually takes about a year for a case to be tried after it is filed. In General District Court, most cases are tried within 3 months of filing. Additionally, litigation expenses are significantly higher in Circuit Court due to the discovery process. The change would mean that cases in the $15,000 to $25,000, which previously had to be filed in Circuit Court, can now be tried in General District Court and avoid the discovery costs.

Opponents of the increase in the limits claim that increase favors plaintiffs because General District Court is more "plaintiff friendly" than Circuit Court, and that judges are more likely to award more in personal injury damages than juries in Circuit Court. They also note that discovery in General District Court is limited, and accordingly a defendant's ability to obtain information about a plaintiff to defeat a claim is likewise limited.

However, it is unclear why some believe General District Court is more plaintiff friendly than Circuit Court. Most lawyers would agree that General District Court is more predictable, but this does not necessarily mean that all GDC judges are more liberal than Circuit Court juries. It usually depends on the jurisdiction.

Moreover, a party always has the right to appeal a decision they think is unfair. On an appeal from GDC to CC, trials are "de novo," meaning that the first trial is not binding on the parties and all issues are retried as if the first trial never occurred. Accordingly, a party that feels wronged can still end up in Circuit Court and participate in full discovery.

For more information, check out our blog on the increase in Virginia General District Court limits.