If you were hurt in an accident and are considering a legal claim, it’s natural to wonder: How long does a personal injury case take, and what does the timeline involve?
Some cases resolve in a few months, when injuries are straightforward and liability is undeniable. Others take longer when treatment is ongoing or the insurance company resists paying fairly. If negotiations stall, the case may have to be filed in court, which extends the timeline.
Generally speaking, in Virginia, personal injury claims can last 18 to 36 months from start to finish. That can feel like a drawn-out process when you’re juggling medical care, bills, and calls from insurance adjusters. So what actually happens during those months?
Personal Injury Claim Timeline
Below, we break down the process stage by stage, showing how cases progress and where delays usually occur.
Step 1: Accident and Immediate Aftermath
The first stage of a personal injury case begins with medical care. After an injury, most people go to the ER or urgent care, then follow up with their doctor. These first visits create an initial record of your injuries.
During this period, the insurance company will likely reach out. Adjusters may ask questions, request a recorded statement, or extend a quick settlement offer. Bringing in a lawyer at this point takes that pressure off of you, since they handle the back-and-forth and keep the focus on protecting your claim.
This phase lasts several days to a few weeks, depending on the severity of your injury and how quickly records and evidence reports come together.
Step 2: Medical Treatment and Recovery
Once the first emergency visits are over, treatment typically continues. The records from follow-up care reflect not only the cost of the injuries but also how they affect your work and family life.
This period may be a few weeks or stretch for months or even years when injuries are more serious. For those asking, How long should a personal injury case take to settle? This stage is one of the most significant factors because lawyers usually hold off on settlement discussions until your condition is clearer. That way, the claim includes the full scope of treatment, time away from work, and any future care tied to the accident.
Step 3: Demand
When treatment is complete or your injuries are fully understood, your lawyer prepares a demand package. This letter outlines the damages you claim: medical bills and records, lost income, pain and suffering, and evidence showing the other party’s fault. It also sets out the settlement amount your lawyer believes is fair based on the full scope of your losses.
In a car crash case, the package might include the police report, photos of the scene, statements from witnesses, and documentation of your medical costs and missed paychecks. Together, these pieces show what happened and how it affected your life.
After receiving the demand, the insurance company reviews and responds with a counteroffer. This process usually takes several months.
Step 4: Negotiation
The demand package opens settlement talks. The insurance company responds with a counteroffer, and both sides trade numbers on damages. Insurers tend to start low, so several rounds of back-and-forth are common.
Many cases resolve during this stage. For example, if a rear-end collision causes a back injury and the records show treatment costs and missed paychecks, the insurer may agree to settle after reviewing that evidence.
Negotiation can take a few weeks or extend into a few months, depending on how quickly the gap between offers closes.
Step 5: Filing a Lawsuit and Continuing Settlement Talks
If settlement negotiations stall and the insurer won’t make a fair offer, your lawyer can file a complaint in a Virginia state court. Filing a lawsuit preserves your rights under the state’s statute of limitations, which requires you to bring most personal injury claims within two years of the accident.
Filing doesn’t guarantee a trial. In fact, negotiations typically continue throughout the litigation process, and many cases resolve during mediation or court-ordered settlement talks. For insurers, the added pressure of a pending lawsuit can make them more open to a reasonable agreement.
A personal injury lawsuit timeline can last many months from start to finish. The court’s schedule, the case’s complexity, and whether the parties agree to settle during litigation all influence how long it takes.
Factors Influencing a Personal Injury Claim Timeline
Now that we’ve outlined the main steps in a personal injury claim timeline, it is important to know that certain factors can speed up or slow down a personal injury case’s timeline. Factors that may accelerate a case include:
- Clear liability. Insurers have less ground to dispute if fault is obvious, such as in a rear-end collision or if the negligent act is caught on video.
- Complete medical recovery. Once treatment ends, lawyers can calculate damages with greater accuracy.
- Strong documentation. Police reports, photos, and medical records provide solid proof.
- Early attorney involvement. Having a lawyer step in quickly keeps insurers from dragging things out.
Conversely, factors that may extend the timeline include:
- Disputed fault. In Virginia, pure contributory negligence can bar recovery if you’re even 1% at fault, so insurers push back harder.
- Ongoing treatment. Lawyers generally hold off negotiating a settlement until treatment establishes the full scope of injuries. That way, they don’t risk undervaluing future costs or ongoing losses.
- High-value claims. Cases with significant damages draw closer review and more resistance from insurers.
- Multiple parties. Sorting out who is responsible takes longer.
- Court scheduling. Once you file a lawsuit, crowded dockets in Virginia courts may extend the process.
The timeline for a personal injury claim often depends on the presence of these factors in your case. Some may shorten the process, while others add months of delay. Knowing what can influence the schedule helps you prepare for what’s ahead and decide when to bring in a lawyer to protect your interests.
Injured in an Accident? Talk to a Virginia Personal Injury Lawyer Today
So, how long does a personal injury lawsuit take to settle? The answer is it depends on the facts of your case, but no matter the circumstances, the experienced attorneys at Merrick Brock PLLC know how to navigate delays, push back against insurers, and keep your claim moving.
With decades of trial experience and a reputation for aggressive advocacy, we fight hard every step of the way to bring you justice. Call Merrick Brock PLLC today or contact us online for a free consultation.