Much of the work in a personal injury case should be done before a lawsuit is filed.
During the pre-suit stage, the plaintiff and his or her attorney must identify the responsible party and collect records related to the injuries. Parties also typically negotiate before filing a lawsuit.
In some cases, a settlement is reached during the pre-suit phase.
If a case cannot be resolved, a lawsuit will become necessary to resolve a claim. Contrary to popular belief, it is still possible to resolve it after litigation begins. An important factor to remember with filing suit is that there is a deadline known as the statute of limitations.
If you wait too long to file, the court could stop you from proceeding. The statute of limitations in Virginia is two years, according to the Code of Virginia Section 8.01-243.
After the complaint is filed and the defendant answers, the discovery phase begins. This step of the process could take months in some cases. Discovery involves both parties exchanging evidence they intend to use at trial. This is to prevent unfair surprises, and also frequently leads to a settlement.
Once the defendant sees the evidence against him or her, it can motivate them to resolve the case amicably instead of risking a trial.
If the case does not resolve at the close of discovery, there is often a flurry of motions prior to trial. These motions could seek to limit the evidence at trial or dismiss a case entirely.
While important, this step rarely adds substantial time to a case.
Ultimately, a trial is where many claims are resolved. Most cases involve a jury, but some are heard exclusively by a judge.
The length of the trial will vary depending on the amount at stake in the case. A relatively minor injury claim could be resolved in an afternoon, while a complex case could take weeks to try.
Furthermore, trial dates are also delayed for a variety of reasons, including settlement negotiations and unavailable witnesses. All told, it could take 1-3 years.
Unfortunately, a trial is not the end of some injury cases. If the losing side believes the case was decided wrongly, they could file a formal appeal.
The appellate process is somewhat uncommon, but when used, it can add an additional 1-2 years to the length of a case.
