Most Virginians are not familiar with the state’s personal injury process. In fact, it can be overwhelming and scary to pursue a claim when you have no idea what happens during the lawsuit, not to mention that the process can be stressful, exhaustive, and expensive.
Contact a personal injury lawyer in Virginia Beach to help you navigate the legal procedure and understand various stages of the process.
Getting better should be your priority after a vehicle crash or another traumatic event. You must seek medical attention and go to the doctor to discuss your case. You need to be 100% honest when talking to your doctor.
Listen to your physician and write down their recommendations. Following your doctor’s orders is critical because it can impact the outcome of your personal injury case. Do not move to the next stage before finishing your treatment and reaching maximum improvement.
Note: You can receive only one settlement. In other words, once you and the insurance company reach a consensus on the appropriate amount to settle your claim, there will be no opportunity to revise the claim later on and request more money. That is why you need a knowledgeable injury attorney in Virginia Beach to evaluate your case.
Once you have completed your treatment (stage #1), making a settlement demand is the second stage of the personal injury claims process. When making a demand, your lawyer will collect your medical records and bills relating to your injury, obtain written witness statements, gather police reports or incident reports, and collect other pieces of evidence that establish the appropriate amount of money to settle your claim.
When the insurer receives your settlement demand, it will review it and either approve or deny it. If your insurance settlement demand was denied, proceed to the third stage.
Virginia law imposes a two-year statute of limitations on filing personal injury claims. Thus, if your claim has not been settled within 24 months from the date of the injury, you can file a lawsuit to obtain compensation. If the statute of limitations has run out and no lawsuit has been filed, you have no legal recourse to recover damages.
After filing a lawsuit, expect several steps before you proceed to trial. Typically, it takes between 12 and 18 months before your case goes to trial. The date of your trial depends on the schedules of the court, the strength of your case, and the experience of your personal injury attorney in Virginia.
During the lawsuit, the plaintiff and the defendant will participate in the discovery process, in which both sides present their evidence to determine who is right. Typically, there are two forms of discovery during a personal injury lawsuit in Virginia:
Before your case proceeds to trial, various things can happen depending on how convincing your claims are during the discovery process (stage #4). Often, the insurance company is willing to make a new settlement offer to settle the claim before trial.
Another scenario is the defendant’s attorney requesting you to go through an independent medical examination, commonly referred to as a “Rule 4:10 Examination” in Virginia. If you were requested to undergo an independent medical examination, the other party will choose the doctor to evaluate your injuries, which does not make the process as “independent” as you thought it would be.
Note: The doctor chosen by the other side will be paid by the insurance company and is performing the examination to strengthen their case, not yours.
Nonetheless, you must tell the “independent” doctor about your accident, the extent of your injuries, and how the injury has impacted your life.
If your case reaches trial, there may be “preliminary” motions before the jury is seated. Then, the jury is selected. Your lawyer may hire an expert witness to talk to the jury about the extent of your injury.
When the trial ends, it will be up to the jury to deliver their verdict. The verdict determines who is responsible and what amount of damages should be paid by the at-fault party.
Fact: In 2019, the largest personal injury settlement in Virginia was $11.5 million in a medical malpractice suit stemming from a brain injury suffered by a baby not adequately aspirated at a hospital.
It is imperative to have a Virginia Beach personal injury lawyer by your side throughout the entire process, especially if your case goes to trial. Contact our knowledgeable and results-driven attorneys at Breit Law PC to review your case. Call at 757-456-0333.
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Attorney William Breit takes the time and effort to understand your personal injury case, and strategize for the best outcome. William Breit is a distinguished trial lawyer who has been at the forefront of major personal injury cases in Hampton Roads, Virginia for over 36 years. Our practice areas include personal injury, medical malpractice, auto accidents, brain injury, wrongful death etc.... View full business profile here: William Breit
