Obtaining a proper settlement is complex and can be time-consuming. Attorneys investigate accident circumstances, focusing on facts, defendants, injuries, and medical treatment before filing a complaint. This investigation duration varies, taking days to years, and requires thoroughness as no two cases are the same. Here’s a breakdown of key factors:
- Thorough Investigation Before Filing
Before a lawsuit even begins, attorneys must investigate the accident, parties involved, and injury severity. This initial phase differs—from a few days for simple straightforward situations to months or sometimes years for intricate ones.
- Demand & Negotiation Stage
Representatives draft a comprehensive demand package outlining the case and damages for the insurance company. Negotiations can result in agreements without resorting to litigation, but they may entail multiple rounds of exchanges, frequently spanning 1–4 months.
- Filing the Lawsuit & Serving the Defendant
If negotiations don’t come to a settlement, a legal complaint is filed. In Virginia, plaintiffs have up to one year to serve defendants after filing—this may take days to months, depending on the case.
- Mandatory Wait for Defendant’s Response
Once served, the defendant has 21 days to file an official response.
- Discovery: The Longest Phase
The discovery phase is often the most time-consuming, encompassing depositions, interrogatories, document production, and admission requests. Litigation may extend from months to years before reaching trial.
- Court Scheduling Delays
Virginia courts are busy. For instance, Loudoun County has limited judges, resulting in trial backlogs—once a case is filed, trial dates may be 9–18 months away, depending on jurisdiction.
- Medical “Maximum Medical Improvement” (MMI)
Insurers and judges require claims to be based on ultimate medical conditions. Obtaining MMI can require months to years, particularly for severe injuries. Accepting an early settlement can greatly reduce the worth of your claim.
- Discussions on Settlement Ongoing & Optional Mediation
Settlements frequently occur during or sometimes after the discovery phase. Mediation can be employed to settle disagreements outside of court, requiring additional time—but boosting settlement results.
- Post-Trial Motions & Appeals
If a case goes to trial, further postponements might occur due to post-trial motions (such as setting aside verdicts) or appeals, potentially extending resolution into several months or even years.
- Other Time-Consuming Factors
- Third-party liens & reimbursements: Virginia allows health providers, insurers, and disability plans to claim part of the settlement
- Contributory Negligence: Virginia’s harsh rule bars any recovery if the plaintiff is even 1% at fault—prompt and exhaustive proof of liability is essential.
Why You Should Be Patient
- Maximize compensation: Early settlement, especially before MMI can result in inadequate settlement offers.
- Protect against liability challenges: In Virginia’s stringent contributory negligence standard, both discovery and expert testimony are essential.
- Strategic leverage: A case ready for trial generally garners stronger settlement offers. Insurers recognize the risk and potential cost of going to court.
Role of an Experienced Attorney
Burnett & Williams highlights the necessity of having a competent attorney. They:
- Conduct early and comprehensive investigations.
- Bring in medical and economic experts.
- Navigate procedural steps efficiently.
- Advance litigation and expert costs.
- Negotiate confidently, with readiness for trial.
Bottom Line
Virginia’s legal system is systematic—not slow. Every stage is designed to strengthen your case, ensuring that any delays are justified in the quest for complete compensation.
Frustrating as patience may be, every step solidifies your case and guarantees a fair settlement. The timeline illustrates legal protections intended to safeguard you, from thorough investigation and achieving MMI to the processes of discovery and court.
If you are experiencing this, reach out to Burnett & Williams. They provide a complimentary consultation and representation based on contingency—implying no charges unless you succeed.
Don’t let misleading talents or internet myths cost you time or money. Call Burnett & Williams, P.C. today and get the truthful legal help you deserve.
Call (804)-794-0080 for a FREE consultation
Visit us in Richmond or Chesterfield
Contact us online at www.burnettwilliams.com
By Attorneys Charles James Williams III & Kimberly Raab