How long does an injury claim take in Virginia?

Waiting is hard when bills are coming in. No one can tell you exactly how long your claim will take. Here are the usual stages, so you know where you are.

What are the stages?

1. Treatment. You get care and follow your doctor's plan.
2. Records. You gather medical records, bills, the crash report and photos.
3. Demand. A written request for compensation goes to the insurer.
4. Negotiation. You and the insurer exchange offers.
5. Settlement or lawsuit. You either reach an agreement or file a lawsuit before the deadline.

What each stage looks like

What slows a claim down?

Anything that makes the facts unclear or the amounts uncertain can add time. Examples:

• treatment that is still going on
• missing records or a missing crash report
• disagreement about fault. Virginia's contributory negligence rule can make that a bigger issue
• more than one insurer or more than one driver
• a government body involved, which needs written notice first
• liens or repayment claims from health plans; see who pays medical bills

Which court would hear a lawsuit?

Virginia's general district court has exclusive civil jurisdiction up to $4,500 for money claims, including "any action for injury to person." Between $4,500 and $50,000, the general district court and the circuit court can both hear a case (§ 16.1-77 (opens in a new tab)). Confirm the current amounts with the court or a lawyer.

What is the one date that doesn't move?

The filing deadline. A statute of limitations is a law that sets the last day to file a lawsuit. For injury, Virginia's general limit is two years after the claim accrues (§ 8.01-243 (opens in a new tab)), and property damage is five years.

If a city, county, town or the state may be at fault, written notice comes first. It is due within six months for a locality (§ 15.2-209 (opens in a new tab)) and within one year for the Commonwealth (§ 8.01-195.6 (opens in a new tab)).

Talking to an insurer does not stop this clock. Enter your crash date in the deadline checker now.

What can you do to keep things moving?

• Keep every appointment and follow your doctor's plan.
• Ask providers to send records to you or to your lawyer.
• Keep a folder, and add to it each week.
• Reply to letters and calls in writing, with copies.
• Write down dates of every call.
• Do not post about the crash.
• Check your deadline early.