Is There a Definite Timeline for My Car Accident Lawsuit?

If you’re involved in a car accident, you may suffer some pretty serious injuries. You’ll probably also suffer damage to your vehicle. If the other driver is responsible for the crash, they should be held liable for your injuries. An experienced Virginia Beach accident lawyer can make sure this happens.

It could be months or even years between the date of your injury until the day your case settles. Every case is different. However, there is a basic timeline that car accident lawsuits follow. Keep in mind – more than 95% of all car accident cases do settle. So, there’s a good chance that you won’t have to complete all of these steps to resolve your case.

Odds are, the other driver has car insurance. This means that first thing you’ll need to do is file your insurance claim. If your claim is approved, great – you’ll get your check in a week or two. However, if your claim is denied, you need to call an experienced car accident lawyer. They’ll  explain how a lawsuit works in Virginia. They’ll also review your case and let you know how much it may be worth.

Call a Car Accident Attorney in Virginia Beach, Virginia

The first thing you need to do after your car accident is seek medical treatment. Once you’ve been treated, you need to make sure your insurance claim is filed. If your claim isn’t paid in full, you need to contact an experienced Virginia Beach accident lawyer.

Your attorney will deal with the insurance company for you. They’ll try to negotiate a fair settlement of your claim. If they’re not able to do this, they’ll have no choice but to file suit. However, they won’t want to do this too early.

Your car accident attorney won’t know the extent of your medical bills right away. It could be months or even a year before you know just how bad your injuries really were. You don’t want to file suit too early. You want to make sure your demand covers all of your expenses.

Your Insurance Claim May Be Denied

There is a chance that your insurance claim will be denied. This could happen for a variety of reasons, including:

  • The policy wasn’t valid
  • The policy had lapsed for non-payment
  • The driver wasn’t listed on the policy
  • You didn’t file your claim in time
  • The insurance company doesn’t believe you were hurt
  • They think you caused the accident
  • You have a history of filing false claims

The reason for your denial will give your car accident attorney in Virginia an idea of how best to approach your lawsuit. It will also give them an idea of what position the insurance company will take in court.

File Your Personal Injury Lawsuit

The first thing your lawyer will do is file a complaint. This will be served on the defendant and their insurance company. The defendant has the option of responding to the complaint. If they do so, the case will proceed.

The complaint will be addressed by the insurance company. They have to provide a defense on the part of the other driver. Their response will include their reasons for denying your claim. They may even file a counter-claim arguing that you were the one at fault.

If the defendant files an answer, it will set the legal wheels in motion. However, just because they file a response doesn’t mean the case won’t settle.

Mediation

The court in Virginia encourage parties to settle. They don’t want the case to go to trial. You’ll have to attend something called mediation. This is where the parties meet with an impartial party to try to settle their case.

The mediator is usually another lawyer. However, they have no stake in your claim. They’ll review both files and let the parties know what they think will happen at trial. Their recommendations are usually pretty accurate. Your Virginia Beach accident lawyer will take what the mediator has to say seriously.

Contact an Experienced Virginia Beach Accident Lawyer

If you’re injured in any sort of car accident, you need to call an experienced car accident lawyer in Virginia Beach. They’ll review your case and let you know what it may be worth. They can also answer any questions you may have.

Call CAIL today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case.