Legal Notices

More Personal Injury Actions in General District Court? If So, Appeal to Circuit Court Made Easier.

The 2011 Virginia General Assembly increased the maximum civil jurisdictional limit of general district courts from $15,000.00 to $25,000.00. We often receive from insurers warrants in debt against their insureds, with the amount claimed being the jurisdictional limit of $15,000.00. We anticipate that even more personal injury claims will be filed in general district court with this increased limit. Discovery is limited, the district judge hears the case within a relatively short time after the warrant is filed – and the plaintiff’s attorney collects a fee with little expense and much sooner than in any circuit court/jury proceeding. (HB 1590, SB 774; effective 7/1/11.)

Also, the General Assembly made appeals from general district courts to circuit court easier, if the defendant has liability insurance in an amount sufficient to satisfy the judgment entered by the general district judge. An appeal bond is not required if (1) the defendant/insured has sufficient coverage, and (2) the insurer provides a written irrevocable confirmation of coverage in the amount of the judgment. This change eliminates not only the costs associated with an appeal bond, but also the time needed to post the bond and to secure a release of that bond at the conclusion of the circuit court proceeding. (HB 1845; effective 7/1/11.)