When you’ve been injured because of someone else’s negligence, the path toward justice can feel overwhelming. At Cardon Law, our first goal is always to resolve your claim without a lawsuit if possible — saving you time, stress, and expense. This post walks you through the pre-lawsuit process, the decision to file, and the differences between General District Court and Circuit Court in Virginia.
Before we ever consider filing suit, we follow a very clear and intentional process. Many clients tell us that simply understanding the steps brings a huge sense of relief.
📊 Flow Chart: What Happens Before Filing a Lawsuit in a Virginia Personal Injury Case
1. Accident Occurs
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2. Injury Requires Medical Treatment
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3. ER / Urgent Care / Primary Care Treatment
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4. Follow-Up Care (PT, Specialist, Diagnostics)
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5. Possible Surgery + Recovery
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6. Completion of Treatment
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7. Attorney Requests All Medical Bills + Records
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8. Attorney Crafts a Detailed Settlement Demand Package
- Accident description
- Police report/photos
- Medical bills + doctor’s notes
- Lost wage verification
- X-rays/MRIs
- Receipts, mileage logs
- Client diary of daily pain + limitations
- Any evidence increasing case value
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9. Attorney Negotiates with Insurance Company
- Client approves/rejects every offer
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10. No Settlement Reached → Decision Point
• Must still be within 2 years of accident (Va. SOL §8.01-243)
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11. Choose Filing Venue
A. **General District Court**
B. **Circuit Court**
Why a Lawsuit Isn’t Filed Immediately
Many clients understandably assume we “go to court right away.” In reality, Virginia law allows us time to complete medical treatment, gather evidence, and negotiate before deciding whether litigation is necessary.
This benefits you in several ways:
- You know the full extent of your injuries.
- Medical bills and records are complete (not guessed).
- We can present a stronger demand package.
- Settlement is often faster and less expensive than litigation.
When Negotiations Fail: Your Two Paths to Filing Suit in Virginia
If the insurance company refuses to offer a fair settlement — and we are still within the two-year statute of limitations for personal injury in Virginia (Va. Code § 8.01-243) — you and your attorney will choose between two court systems:
Option 1: Filing in General District Court (GDC)
👍 Advantages
- Fast timeline: most cases are heard within 2–3 months
- Lower cost: filing fees and litigation expenses are significantly lower
- No doctors required to testify: medical bills and records can be admitted using affidavits under Virginia law, keeping costs down
- Streamlined process: no discovery, depositions, or interrogatories
👎 Disadvantages
- Jurisdictional limit: You may only sue for up to $50,000
- No jury trials
- Defendant can appeal “de novo”: meaning the entire case can be retried in Circuit Court
Best For:
Cases valued under $50,000 or clients wanting a faster resolution with lower costs.
Option 2: Filing in Circuit Court
👍 Advantages
- No limit to the amount you may seek
- You can choose judge or jury
- Greater ability to uncover evidence through discovery
👎 Disadvantages
- Much higher cost:
- Filing fees
- Depositions
- Expert witnesses
- Doctor testimony (often thousands per appearance/hour)
- Much longer timeline:
Litigation can take 18 months to several years. - Extensive discovery:
Circuit Court cases may involve:- Depositions (parties, witnesses, treating doctors)
- Interrogatories (written questions requiring sworn answers)
- Requests for Admissions
- Requests for Production of Documents
- Subpoenas
These tools are critical but time-consuming and expensive.
Best For:
Cases where damages exceed $50,000 or where a jury’s assessment is essential.
How We Help You Decide Which Court Is Right for Your Case
At Cardon Law, we walk every client through:
- The value of the claim
- The risks and costs of litigation
- The time commitment involved
- The likelihood of success in each court
- Whether the insurance company is negotiating fairly
This is always a collaborative decision, made transparently with your full input.
Quick Checklist: Pre-Lawsuit Personal Injury Process in Virginia
| Step | What Happens | Your Role |
|---|---|---|
| 1 | Accident + Injury | Get immediate medical care |
| 2 | ER/Urgent Care/Primary Care | Follow treatment recommendations |
| 3 | Follow-up care, specialist, PT | Keep all appointments |
| 4 | Surgery/Recovery if needed | Document pain + limitations |
| 5 | Attorney requests records | Review paperwork as needed |
| 6 | Demand package | Provide wage info, photos, diary |
| 7 | Negotiations | Approve/reject every offer |
| 8 | Decision to file | Choose GDC or Circuit Court with attorney |
Frequently Asked Questions
1. Do I have to go to court if I want compensation?
Not always. Many cases settle during the negotiation stage.
2. How long do I have to file a lawsuit in Virginia?
Two years from the date of the accident (Va. Code § 8.01-243).
3. Will I need to testify?
If your case goes to trial, yes. If it settles before litigation, usually not.
4. Why do doctors charge so much to appear in court?
Their time away from patient care is billed at professional rates — often thousands per hour.
5. Is GDC “less serious” than Circuit Court?
Not at all — it’s simply more streamlined and cost-effective for certain cases.
If You Were Injured in Virginia, We’re Here to Help
Bringing a case to trial can feel intimidating, but you don’t have to navigate it alone.
At Cardon Law, we combine transparency, clear communication, and aggressive advocacy to fight for the compensation you deserve.
📞 Call or Text: 757-306-9669
📧 Email: info@cardon-law.com
🌐 www.cardon-law.com
We’re here when you need us.
