How Does the Litigation Process Work in Virginia?

Rutter Mills Law Firm

How Does the Litigation Process Work in Virginia?

Legal Info

The litigation process can vary from state to state, but in Virginia, it usually involves pleadings, discovery, court conferences, settlement negotiations, motions, and possibly a trial. Statutes and court rules impose strict deadlines and technical requirements that apply to civil lawsuits. It is important to speak with a personal injury lawyer to avoid costly missteps.

The start of the litigation process

If you are the plaintiff, a lawsuit is usually started when you file a complaint with the court. The complaint must be filed in the proper jurisdiction and before the statutes of limitations expires.

There are exceptions when the defendant is a government entity, such as a municipality. You may be required to file a notice of your claim, in writing and within a shorter deadline before you will be permitted to sue. If they do not offer an acceptable settlement, you may be permitted to sue. Your personal injury attorney will determine what deadlines you will need to meet to protect your claim.

Next steps in the litigation process

Once you file a complaint, the defendant will file an answer or a motion, raising defenses and, potentially, counterclaims. The complaint and answer are referred to as “pleadings.”

After the parties complete their pleadings, the discovery process usually gets underway. “Discovery” is the process where each party exchanges information. It can include written questions that need to be answered under oath, statements that need to be admitted or denied, oral questions under oath (depositions), and requests for documents.

Along the way, the court will probably schedule conferences to keep the parties on track and address issues that arise. They may also file motions during this time. In some cases, where the facts are not disputed, the judge may decide an entire case based on a motion, ending the litigation.

How lawsuits are resolved

A personal injury lawsuit is more likely to be settled than go to trial. However, the preparation for both is the same: build a strong case. As you participate in discovery and file motions, you build a record that will increase or decrease your likelihood of success at trial, and at the same time impact the settlement value of your case.

At any point during litigation, the parties and insurers may make settlement demands and offers to the other side.  The court may also order and schedule conferences with another judge or retired judge specifically to discuss settlement or may refer the case to mediation.  If the parties do not agree, the case will be tried before a judge or jury.

Contact us at Rutter Mills for a free consultation

You usually only get one chance to take your personal injury case through the litigation process. Make sure you present your strongest case possible by working with an experienced personal injury lawyer. At Rutter Mills, we focus on guiding personal injury victims through the litigation process. If you were injured in Virginia Beach, Norfolk, or the surrounding communities, call today for a free consultation.

Contact a Rutter Mills attorney to speak about your case today.

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Dave Put His Trust in Us

Don’t Fall For The Insurance Company’s Games

Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

They enabled me to be happy in life again.

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Glenn’s car accident changed his life, but not permanently thanks to the help of his Rutter Mills attorney. When the insurance companies wouldn’t help him, our team fought back and won.

I knew I needed Rutter Mills.

Fighting For What's Right

Getting Justice

On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

Larena's Win

After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

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After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

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Referrals From Friends and Family

After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

They really care for you as a person. Words cannot describe what Rutter Mills did for me and for my case.

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When the insurance company tried to get Carol to sign paperwork after her car accident, she knew she needed a lawyer. Carol knew she needed Rutter Mills.

When I called Rutter Mills, I knew it was the right fit. They’re so interested in helping you get justice.

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Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

We're Here When The Unexpected Happens

Priorities

A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

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