How Long Does a Personal Injury Lawsuit Take?
Suppose you suffer a severe injury in an accident in Virginia and seek compensation through a personal injury case. In that case, it's natural to want the process to conclude quickly so you can move on with your life. Understanding the claims process can provide peace of mind during this challenging time. How long does a personal injury lawsuit take? Though each personal injury case is different, most follow a similar timeline.
Steps to Take Right After an Accident
You can start assembling your personal injury claim case right after an accident in Virginia. Here’s what to do:
- Report the Accident: Call the police, inform your employer, or notify another relevant authority.
- Get Medical Help: See a doctor immediately for any injuries.
- Exchange Information: Share details with everyone else involved in the accident.
- Take Photos: Take pictures of where the accident happened.
- Gather Evidence: Collect eyewitness statements and any available surveillance footage.
- Get Reports: Obtain copies of your accident report and medical records.
- File a Claim: Turn in your claim to the appropriate insurance company.
- Consult a Lawyer: Before starting your claim, speak with a personal injury lawyer in Virginia.
Days to Weeks Later After the Accident
Focus on recovering from your injuries in the first few days after your accident. Go to any follow-up appointments and follow your doctor’s advice. If you haven’t already, file an insurance claim within 72 hours of the accident because insurance companies usually have strict deadlines.
In the next few weeks, the insurance company will give your case to a claims adjuster to handle your case. The investigation might take several weeks, especially if the case is complex or there’s a dispute about who’s at fault. If you hire a personal injury lawyer, they may also look into the accident, find out who is responsible, and gather evidence during this time.
Three to Six Months After the Accident
While your claim is being processed, continue your medical treatment until you reach your maximum medical improvement (MMI). This is when your doctor thinks you won’t recover any further. It’s essential to wait for MMI, even if it takes many months, so you fully understand your injuries and their costs.
Most personal injury cases in Virginia end in settlements. This is an agreement between the insurance company and the claimant to release the defendant from any further responsibility in exchange for a specific amount of money. On average, personal injury settlements happen about three to six months after an accident, but some can take longer.
One Year or Longer After the Accident
Your personal injury case might go to trial if it doesn't settle. A personal injury lawsuit in Virginia might last a year or more, depending on how busy the court is and how long the discovery phase takes. During discovery, both sides share evidence and information about the case before the trial begins.
Be prepared for a trial that can last a week or even longer. While time-consuming and complicated, this process is necessary to seek justice. Having a personal injury lawyer by your side can help you navigate the trial and ensure everything is handled correctly. They can also keep you updated on the progress of your case and guide you through each step.
At Least Within Two Years of the Accident
In Virginia, you must start a personal injury claim within two years of the accident or discovering your injury. It is called the statute of limitations.
Regarding claims against a government agency, the time limit is significantly shorter, at just one year. It's crucial to act swiftly and not postpone. Filing your claim at the earliest opportunity is critical to meeting these deadlines. You should talk to a personal injury lawyer for any queries or assistance. They can provide the necessary guidance and ensure you take advantage of all crucial dates, empowering you to take control of your situation.
