New Virginia Laws Speed Up Car Accident Lawsuits

By Evan Mix

Published on May 31, 2007

A significant change is the elimination of “removal” – a procedure that allowed insurance companies to transfer cases from the more expeditious Virginia General District Courts to the Virginia Circuit Courts, which move slowly and are more expensive.

In a Virginia General District Court, a case is typically heard within three months. In a Virginia Circuit Court, a lawsuit generally takes about 12 months to reach resolution.

Beginning July 1, any motor vehicle injury case for up to $15,000 can be handled in the Virginia General District Courts without fear of removal.

Plaintiffs also benefit because in a General District Court they can submit affidavits from their physician in lieu of the physician having to testify in court. The affidavits can be presented as evidence of the treatment the plaintiff received and the cost of that treatment.

Some lawyers are pushing to have the $15,000 cap on General District Court cases upped to $25,000 to match Virginia's minimum insurance coverage requirements and to reflect ever-rising medical costs.

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