We do not believe the insurance company has made a fair offer, and after exhausting our settlement efforts, the next step is to file a lawsuit. This begins the litigation stage. The lawsuit is generally called a “Complaint.”
Where will it be filed? (Venue): The lawsuit will be filed in a specific location —usually in the city or county where the accident occurred or where the defendant lives.
Which court will hear the case? There are two main courts where we can file: General District Court or Circuit Court. The choice depends on several factors, including the value of the claim, the type of case, and strategy.
Here are the key differences:
| General District | Circuit Court |
| Case begins by filing a Warrant in Debt. | Case begins by filing a Complaint. |
| Maximum recovery is $50,000 (in a personal injury case). | No limit on recovery in personal injury cases (though some case types have caps). |
| The case will be decided by a judge. | You have the right to a trial by jury. |
| Losing party can automatically appeal to Circuit Court for a new trial. | Losing party can appeal to the Court of Appeals, but only if there’s a legal error. |
| Litigation costs tend to be much lower. The greatest cost is normally the cost to obtain the medical records and bills from your providers along with an affidavit from the records custodian. | Litigation costs can be very high and are often driven by filing fees, court reporter fees, transcript fees, expert fees, etc |
| Medical experts are not required; records plus affidavits can be used. | Medical experts are often required to prove injuries and treatment. |
| Discovery is very limited (parties can obtain documents and things from non- parties with subpoenas duces tecum). | There are multiple tools for discovery, including subpoenas, depositions, requests for production, requests for admission, and interrogatories. |
| Trial date is usually within 3–6 month of filing. | Trial date often takes a year or more to schedule from the date of filing. |
For over ten years, we represented insurance companies in cases like this. Now, we use that insider experience exclusively for injured victims. We know how the defense thinks and use that knowledge to build strong strategies to maximize your recovery.
If you have any questions about the next steps, please don’t hesitate to call me directly at 804-464-7719 or schedule a phone conference here.
We are here to guide you through every stage.
Thank you for choosing Merrick Brock!
John A. Merrick