VIRGINIA LITIGATION CHEAT SHEET GENERAL DISTRICT COURT Code § 8.01-277). One in every city and county; not courts of record. TIME TO ANSWER Exclusive jurisdiction over civil claims up to $4,500. Defendant has 21 days after service of summons Concurrent jurisdiction with circuit court of any and complaint to file responsive pleadings, which civil claim between $4,500 and $50,000. (Va. Code includes a demurrer, plea, motion to dismiss, or §16.1-77). motion for a bill of particulars (Virginia Supreme Court Rule 3:8(a)). General district courts shall, upon Motion by Plaintiff seeking to increase the claim amount, order the DEFAULT JUDGEMENT matter transferred to circuit court so long as the Defendant in default is not entitled to notice of Motion is made at least 10 days before trial (Va. further proceedings in case, except notice must be Code § 16.1-77). provided to counsel of record, if any. Court may grant a defendant in default leave to file a late reIf defendant has liability coverage and appeals, a sponsive pleading, prior to entry of judgment and bond is required up to the amount of the judgment for good cause shown (Va. Sup. Ct. R. 3:19). that would be covered by the policy (Va. Code §16.1-77). REMOVAL TO FEDERAL COURT Must be done within 30 days of after service of the Counterclaims and cross-claims may be filed at any summons and Complaint (28 U.S.C.S § 1446). Fedtime before trial (Va. Code § 16.1-88.01, 88.02). eral court must have original jurisdiction based on either federal question or diversity of citizenship. If CIRCUIT COURT the latter, the amount in controversy must exceed Courts of record. $75,000 (28 U.S.C.S. §§ 1331, 1332).
2026
Beginning January 1, 2026
MINOR SETTLEMENTS Courts may approve a compromise settlement where Plaintiff is a minor and order that the settlement funds be paid to the Court (Va. Code § 8.01-600) or, in the Court’s discretion may allow the money to be paid to the parent(s) of the minor, to be held in trust for the minor’s benefit (Va. Code § 8.01-424). Motion (if an action is pending) or Petition (if no action is pending) for Approval may be made by any interested party, including an insurer (Va. Code § 8.01-424). If no action is pending, the Petition may be filed in any circuit court (Va. Code § 8.01-424). CONTRIBUTORY NEGLIGENCE Virginia is a contributory negligence state. The Plaintiff’s negligence, no matter how slight, that contributes to his or her injuries, is a complete bar to recovery.
CODEFENDANT LIABILITY Plaintiff can sue joint tortfeasors together or sepElectronic filing may be established by individual If initial pleading does not provide basis for rearately (Va. Code § 8.01-443). If Plaintiff does file clerks of court, but is not required (Va. Code § 17.1- moval, a defendant may still remove the matter suit against one tortfeasor, that tortfeasor has the 258.3). within 30 days of receipt of an amended pleading, option of bringing the remaining tortfeasors in as motion, order or “other paper” that lets defendant third-party defendants (Va. Sup. Ct. R. 3:13). Seven jurors unless case is appealed from general know the case may be removable (28 U.S.C.S. § district court, then five jurors (Va. Code § 8.011446(b)(3)). “Other paper” may include something Joint tortfeasors who have judgement rendered 359). received in discovery or even before filing of the against them are entitled to a credit for any Complaint (i.e. demand letter). Dugdale v. Nation- amount paid by another joint tortfeasor who Appeal from general district court must be taken wide Mut. Fire Ins. Co., No. 4:05cv138, 2006 U.S. settles with Plaintiff prior to trial (Va. Code § 8.01within 10 days and trial in circuit court is de novo Dist. LEXIS 17471 at *2 (E.D. Va. Feb. 14, 2006). 35.1). (Va. Code § 16.1-106). If the defendant appeals, the plaintiff may increase the amount sued for to STATUTE OF LIMITATIONS RESPONDEAT SURPERIOR over the general district court jurisdictional limit Personal Injury (Va. Code § 8.01-243(A)): 2 years To find an employer liable for the negligence of an (Va. Code § 16.1-114.1). Medical Malpractice (Va. Code § 8.01-243(C)): 2 employee: years but may be extended under certain circum- 1. Must be an employment relationship between VENUE stances. the parties; and Two categories – (A) Preferred – which sets forth Wrongful Death (Va. Code§ 8.01-244): 2 years 2. Employee must be acting within the course and proper venue in certain actions and requires that from time of death. scope of his or her employment. the case be filed in accordance therewith (Va. Code Property Damage (Va. Code§ 8.01-243(B)): 5 years § 8.01- 261); (B) Permissible – which usually relate Breach of Contract (Va. Code § 8.01-246): 5 years Whether something occurs within the scope of the to the location and activities of the defendant (Va. (written); 3 years (oral). employment relationship turns on whether the Code § 8.01-262). servant’s act was “naturally incident” to the busiWRONGFUL DEATH ness of his employer, and was done with a view to Foremost, the forum should be convenient to the Brought by and in the name of the personal repre- further his employer’s interests. Kensington Assoc. parties and witnesses. (Va. Code § 8.01-257). sentative of the decedent (Va. Code § 8.01-50). v. West, 234 Va. 430 (1987). Objection to venue is waived if not raised within 21 days in circuit court or prior to trial in general district court. (Va. Code § 8.01-264).
Beneficiaries may include: surviving spouse, children, parents, siblings, grandchildren.
COLLATERAL SOURCE RULE The presence or absence of insurance benefits of any type, by a plaintiff or a defendant, shall not Settlement for wrongful death must be court-ap- be considered at trial. Damages recoverable for SERVICE OF COMPLAINT proved and if no action is pending, may be petipersonal injuries arising from the negligence of Plaintiff has 12 months from filing suit to serve the tioned for by the personal representative of the another are not to be reduced by reason of the fact defendant or defendants. (Va. Code § 8.01-275.1). decedent or any potential defendant or interested that the injured party had been partly compensatIf not served within one year, a person may make a insurance carrier (Va. Code § 8.01-55). ed for his loss. Acuar v. Letourneau, 260 Va. 180, special appearance to file a motion to dismiss (Va. 188 (2000).
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VIRGINIA LITIGATION VENUE MAP & RULES DAMAGES CAP None in general personal injury cases. In medical malpractice cases, statutory cap applies to all damages (economic and non-economic) and depends on when the act occurred, increasing by $50,000 for each year. Beginning in 2031, the cap will be $3,000,000 (Va. Code § 8.01-581.15). Punitive damages are capped at $350,000 (Va. Code § 8.01-38.1). PUNITIVE DAMAGES Available if the plaintiff shows that the defendant acted with actual malice or in a manner so willful and wanton as to show a conscious disregard for the rights of others. Coalson v. Canchola, 287 Va. 242 (2014). A defendant’s conduct is deemed sufficiently willful and wanton to support punitive damages when (1) the defendant operates a motor vehicle with a BAC of 0.15; (2) the defendant knew or should have known before or while drinking that his ability to operate a vehicle would be impaired; and (3) his intoxication was a proximate cause of the plaintiff’s injuries (Va. Code § 8.01-44.5).
2026
Beginning January 1, 2026
ATTORNEYS’ FEES Property damage minimum limits increases from Not recoverable absent a statute or agreement to $20,000 to $25,000 for polices effective on or after the contrary. Jan. 1, 2025. In order to recover, the party seeking attorney’s fees must demand them in a complaint, counter-claim, cross-claim, third-party pleading or responsive pleading. Failure to do so constitutes a waiver (V. Sup. Ct. R. 3:25). INTEREST Pre-judgment interest may be awarded at 6% per annum from the date of loss and post-judgment interest shall be awarded at the same amount from the time of entry of a final order (Va. Code § 8.01-382; Va. Code § 6.2-302). MINIMUM LIMITS Minimum liability limits for auto policies (Va. Code § 46.2-472):
UNINSURED MOTORIST An action against an unknown driver may be brought against “John Doe” and served upon the injured party’s insurer as if a party defendant. “John Doe” accidents with no contact must be reported to an insurer or law enforcement “promptly” (Va. Code § 38.2-2206). UNDERINSURED MOTORIST For policies issued after January 1, 2016, the liability insurer and plaintiff may settle so that the tortfeasor is released, while still allowing the plaintiff to pursue recovery from his or her UIM carrier. The liability carrier no longer retains the duty to defend (Va. Code § 38.2-2206).
Policies effective before Jan. 1, 2022
$25,000 (per person)
Policies effective Jan. 1, 2022 through December 31, 2024
$30,000 (per person)
Policies effective on or after Jan. 1, 2025
$50,000 (per person)
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