Legal Question in Personal Injury in Virginia

personal injury

I started a small claims case against a woman whose two dogs attacked me while I was walking on a public sidewalk. I was injured, by with no permanemt after effects. I an asking for $2,347 in compensation for medical bills, but was told by the judge that my Warrant of Debt was not within the realm of small claims, and that I would have to submit a Bill of Particulars to the court and the defendant's attorney, after which there would be a trial where legal representation would be required. Things are getting messy, so I would like to drop this case, hire a lawyer, and bring suit again but not in small claims. Is there any problem here? Thank you.


Asked on 1/02/08, 4:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: personal injury

No, in Virginia a plaintiff is unconditionally entitled to one nonsuit(dropping a case for any reason but preserving the right to refile it within the statute of limitations) which can be obtained by filing the proper form(s)which should be obtainable from the clerk of the small claims court. (FYI, jurisdictional amount is up to $5K for small claims court.)

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Answered on 1/02/08, 11:06 pm


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