The time to settle a personal injury case in Virginia varies. Some cases settle within months, while others take over a year. Factors such as liability disputes, injury severity, and insurance negotiations influence the timeline.

Seeking guidance from an experienced personal injury lawyer ensures that your case is handled efficiently and strategically, preventing unnecessary delays.

In this guide, our experts break down each step of the personal injury case process, giving you a clear understanding of typical timelines so you can set realistic expectations for your claim.

Key Stages of a Personal Injury Case and How Long Each Takes

While every case is unique, most personal injury claims in Virginia follow a predictable process. The time each stage takes can vary depending on how quickly evidence is gathered, whether medical treatment is complete, and how cooperative the insurance company is in negotiations.

Medical Treatment and Determining the Full Extent of Injuries

Medical care is one of the most critical components of a personal injury case, both in terms of establishing damages and ensuring a fair settlement. Without a complete medical evaluation, an accident victim cannot accurately determine the full cost of treatment, including current expenses and any future medical needs that may arise. This is why it is essential to wait until the full extent of injuries is understood before engaging in settlement negotiations.

Virginia law allows injury victims to seek compensation for both immediate and future medical expenses, but the burden is on the victim to prove the necessity and cost of ongoing treatment. Settling too early—before doctors have completed necessary procedures or recommended long-term rehabilitation—can result in a settlement that does not fully cover all medical costs.

How Medical Treatment Affects the Timeline of a Case

  • Minor injuries – Cases involving soft tissue injuries, minor fractures, or sprains typically settle faster, often within three to six months after medical treatment is completed. These injuries usually do not require extensive rehabilitation or future surgeries, allowing for a quicker evaluation of damages.
  • Moderate injuries – If an accident victim requires surgery, extended physical therapy, or specialist treatment, the case may take six months to a year before a fair settlement can be negotiated. Additional time is needed to fully understand how the injury impacts mobility, daily activities, and the ability to work.
  • Severe injuries – Cases involving traumatic brain injuries, spinal cord injuries, permanent disabilities, or chronic pain conditions take much longer to resolve. These cases can take over a year, as doctors must assess the long-term prognosis, cost of future treatment, and potential for permanent disability benefits.

Another factor that affects the settlement timeline is whether ongoing medical treatment is required. If an injury results in chronic pain, disability, or the need for multiple surgeries, it may be necessary to consult medical experts who can project future healthcare costs. This ensures that future medical needs are included in the settlement calculation, preventing accident victims from facing unpaid medical bills down the road.

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Investigation, Evidence Collection, and Insurance Negotiations

After medical treatment is underway, the next phase of a personal injury case is gathering evidence to prove liability and damages. This process is critical because insurance companies rarely offer full compensation upfront—instead, they look for loopholes, weak evidence, or inconsistencies to reduce the payout.

Virginia law requires personal injury claims to be proven by a preponderance of the evidence, meaning the injured party must show that it is more likely than not that the defendant’s negligence caused the injuries. The stronger the evidence, the more leverage the victim has in negotiations with the insurance company.

Key Evidence That Strengthens a Personal Injury Claim

  • Police reports and accident scene documentation – Under Virginia Code § 8.01-417, accident victims have the right to obtain copies of police reports and insurance records related to the incident. These reports help establish who was at fault and whether any traffic laws or safety regulations were violated.
  • Medical records and expert opinions – Detailed medical records, X-rays, MRI scans, and physician evaluations are essential for proving the severity of injuries and justifying compensation for medical treatment.
  • Witness statements and depositions – Eyewitness accounts add credibility to a claim, especially in cases where liability is disputed. If necessary, personal injury attorneys may conduct depositions under oath to obtain sworn testimony before trial.
  • Employment records for lost wages – If an injury affects a victim’s ability to work, pay stubs, tax returns, and employer verification letters may be used to calculate lost earnings and diminished earning capacity.
  • Surveillance footage, forensic evidence, and black box data – In certain cases, video evidence or vehicle black box data (common in truck accidents) can provide crucial information about speed, braking, and driver behavior leading up to the accident.

Once all necessary evidence is gathered, a formal demand package is sent to the insurance company, outlining all damages, including medical expenses, lost wages, and pain and suffering.

How Long Does Insurance Negotiation Take?

  • After receiving a demand letter, insurance companies typically have 30 to 90 days to respond.
  • If liability is clear and damages are well-documented, settlement offers may be made within three to six months.
  • If an insurer disputes the claim or delays negotiations, a lawsuit may be necessary, extending the case timeline beyond a year.

Filing a Lawsuit if a Settlement Cannot Be Reached

While most personal injury cases settle out of court, some claims require litigation to secure fair compensation. If an insurance company refuses to accept responsibility, undervalues the claim, or delays payment, filing a lawsuit may be the only way to hold the defendant accountable.

Under Virginia Code § 8.01-243, personal injury victims generally have two years from the date of the accident to file a lawsuit. Once a case enters the legal system, the timeline extends further:

  • Filing the complaint – The injured party files a legal complaint with the court, and the defendant has 21 days to respond.
  • Discovery phase – Both sides exchange evidence, conduct depositions, and submit expert testimony. This phase can take six months to a year.
  • Pretrial motions and mediation – Many courts require settlement discussions before trial. Even after filing, many cases settle before reaching a courtroom.
  • Trial – If a settlement is not reached, the case proceeds to trial, which adds another year or more to the process, depending on court scheduling.

Although trials are less common, they may be necessary when an insurance company refuses to negotiate fairly. Once a lawsuit is filed, insurers often increase their settlement offers to avoid the risk of a jury awarding a much higher payout.

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Personal Injury Case Types and Their Unique Considerations

Personal injury cases vary widely in complexity, severity, and compensation amounts. While some cases settle in a matter of months, others require litigation, expert testimony, and extensive medical evaluations before reaching a resolution. Looking at past case results can help illustrate how different types of personal injury claims unfold and what factors influence their timelines.

At Tronfeld, West & Durrett, our firm has secured millions of dollars in settlements and verdicts across a variety of personal injury cases—from motor vehicle accidents to wrongful death claims. The type of case you have directly affects both negotiations and settlement timeline:

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Get a Case Evaluation from Tronfeld, West & Durrett

Every personal injury case follows its own timeline, but having an experienced attorney ensures that your claim is handled as efficiently as possible. At Tronfeld, West & Durrett, we work strategically to resolve cases quickly while maximizing compensation for our clients.

  • Our legal team has a proven track record of securing favorable settlements and verdicts for accident victims—we invite you to see our case results.
  • We handle all cases on a contingency fee basis, meaning there are no upfront costs—you only pay if we win your case.
  • If you’ve been injured and need legal guidance, contact us for a free consultation to review your case timeline and legal options.

The sooner you begin the claims process, the better your chances of securing full compensation without unnecessary delays.

Call or text 800-321-6741 or complete a Free Case Evaluation form