Legal Question in Civil Litigation in Virginia

Re: Can I file a counter claim for lost wages?

No, unfortunately that is one of the bad things about the court system. Your attendance at court and time preparing for court is just considered part of the process. It is considered part of the cost of living in a society with the rule of law where disputes are handled in a somewhat orderly fashion instead of with gunfights at the saloon.

People always want to tack on their time bringing a lawsuit to the total they are claiming and they can't do that either.

Now, if the claim is frivolous you can ask for money as sanctions, on the basis that it is frivolous, not primarily on the grounds that you had to come to court.

But that is actually a fairly high standard to meet, to prove that it is frivolous.

Do you work in the afternoons? You might be able to have it diverted to mediation and request that they meet in the afternoon so you won't miss work.