If you have been injured because of someone else’s negligence, you are probably facing a mix of medical bills, missed work, and a legal process that can feel confusing from the outside. Understanding how personal injury cases work in Virginia can help you make informed decisions about what to do next, from your first call with an attorney through a potential trial. A clearer understanding of the process can make the next steps feel more manageable.
Deering Hedrick, P.C. has spent nearly 30 years advocating for injured people across Hampton Roads. Call us today at (757) 383-6848 to discuss your situation.
What Is a Personal Injury Case in Virginia?
A personal injury case may arise when one person’s negligence or wrongful conduct causes harm to another. Depending on the facts, the injured person may be able to seek compensation for resulting losses. In Virginia, these cases can proceed as an insurance claim, a lawsuit, or often both, depending on how the situation unfolds.
Common Terms Used in Virginia Personal Injury Claims
Before diving into the process itself, it helps to understand some of the terminology you are likely to encounter along the way:
- Plaintiff: The injured person bringing the claim or lawsuit
- Defendant: The person, business, or entity accused of causing the injury
- Negligence: A failure to use reasonable care under the circumstances
- Liability: Legal responsibility for an accident or injury
- Damages: The losses for which the injured person seeks compensation
- Claim: A demand for payment, often submitted to an insurance company before a lawsuit is filed
- Lawsuit: A formal action filed with a court
- Settlement: An agreement resolving the case without a trial
- Discovery: The formal stage of a lawsuit in which both sides exchange relevant information and evidence
- Statute of limitations: The deadline for filing a lawsuit
What Types of Accidents Can Lead to a Personal Injury Case?
Personal injury cases in Virginia can arise from many types of accidents and incidents, including:
No matter which category an accident falls into, the same basic process generally applies once an injury claim moves forward.
Step 1: Get Medical Care and Preserve Evidence
The first priority after any accident is seeking appropriate medical care, both for your health and because medical documentation becomes a critical piece of evidence in a personal injury case. Alongside medical treatment, preserving evidence such as photographs of the accident scene, witness contact information, and available police or incident reports can help document what happened and support a future claim.
Step 2: Speak With a Virginia Personal Injury Lawyer
Once immediate medical needs are addressed, speaking with an attorney early in the process can help preserve evidence, identify important deadlines, and clarify your options before you make decisions about insurance communications, recorded statements, or settlement offers.
Why Fault Matters So Much in Virginia
Virginia follows a contributory negligence rule, one of the strictest fault standards in the country. Under this rule, an injured person who is found to have contributed to the accident may be barred from recovering compensation, subject to limited exceptions and fact-specific legal issues. This makes establishing fault clearly and thoroughly especially important in Virginia personal injury cases, and it is one of the central reasons early legal guidance matters so much.
Step 3: Investigation and Case Building
Once retained, an attorney typically begins investigating the accident in detail, gathering evidence, reviewing medical records, and, when appropriate, consulting with experts who can speak to liability or the extent of a client’s injuries.
Understanding Damages in a Personal Injury Case
Damages in a Virginia personal injury case may include medical expenses, lost income, pain and suffering, and property damage. The damages available in a particular case depend on the facts, the nature of the injuries, and the evidence supporting the claim.
Step 4: The Insurance Claim and Settlement Negotiations
Many personal injury cases begin with an insurance claim, a formal demand for payment submitted to the at-fault party’s insurance company. This is distinct from filing a lawsuit, since a claim is handled directly with the insurer, often through negotiation, without necessarily involving the court system. Not every claim results in a settlement offer that fully accounts for the medical, financial, and personal effects of an injury. Negotiations may be necessary to address disagreements about fault, injuries, treatment, or damages.
Step 5: Filing a Personal Injury Lawsuit in Virginia
When settlement negotiations do not resolve the matter, or when the deadline for filing a lawsuit is approaching, filing a formal lawsuit may become necessary. A lawsuit initiates the civil litigation process, moving the matter from private negotiation into the court system.
Virginia’s Personal Injury Filing Deadline
Virginia generally requires personal injury lawsuits to be filed within two years after the cause of action accrues, as outlined in Virginia Code § 8.01-243.
However, deadlines can vary depending on the type of claim and the circumstances involved, so it is important to speak with an attorney promptly about the time that may apply to your situation.
Step 6: Discovery, Motions, and Trial Preparation
Once a lawsuit is filed, the case typically enters discovery, the phase in which both sides exchange relevant information and evidence, including documents, written questions, and depositions. During this phase, attorneys may also file pretrial motions addressing specific legal issues before the case proceeds further.
What Happens at a Personal Injury Trial?
If a case does not settle during or after discovery, it may proceed to trial. At trial, both sides present evidence and legal arguments, and a judge or jury decides the disputed issues, depending on the type of trial. Not every case reaches this stage, since many personal injury cases resolve through settlement before trial becomes necessary.
How Long Does a Personal Injury Case Take in Virginia?
The timeline for a personal injury case in Virginia varies significantly depending on the complexity of the case, the severity of the injuries involved, and whether the case settles or proceeds through litigation and trial.
For example, a claim involving clear liability and well-documented injuries may be resolved more quickly than a case involving disputed fault, serious injuries, ongoing medical treatment, or litigation. A case that proceeds to trial may take substantially longer. This example is meant to illustrate the range of possible timelines, not to predict how any specific case will unfold.
Why Work With Deering Hedrick, P.C. After an Accident?
The attorneys at Deering Hedrick, P.C. bring decades of combined legal experience to personal injury matters throughout Virginia Beach, Chesapeake, Norfolk, and Hampton Roads. Our team is known for approachable guidance, careful preparation, and strong advocacy for injured clients. That reputation comes from a simple approach: treating every case, and every client, as unique.
Our team takes time to understand your concerns, investigate the facts, and develop a strategy based on the circumstances of your case. That may include preparing a thorough insurance claim, negotiating with an insurer, or pursuing litigation when appropriate.
We understand how Virginia’s contributory negligence rule can affect a case. Our team works to investigate the facts, preserve available evidence, and prepare each claim carefully from the outset. Throughout the process, you can expect compassionate guidance, clear communication, and relentless advocacy at every stage, not just when it is convenient.
Talk to a Virginia Beach Personal Injury Lawyer Today
If you have been injured because of another person’s negligence, understanding the legal process is an important first step. Experienced legal guidance can help you evaluate your options and make informed decisions about what comes next.
Contact Deering Hedrick, P.C. at (757) 383-6848 to discuss your options with a Virginia Beach personal injury lawyer.
