Personal Injury Lawsuit Timeline in Virginia

When you suffer injuries because of someone else’s actions, the last thing you want is more uncertainty. Medical bills pile up, work becomes impossible, and life feels stuck in limbo. On top of that, you may be wondering how long the legal process will take if you file a personal injury lawsuit.

At River Run Law, this is one of the most common questions we hear from new clients. People want to know when they’ll get answers, how soon a settlement might happen, and what to expect if the case goes to court.

Understanding the personal injury lawsuit timeline in Virginia won’t make the process move faster, but it can help you prepare for what’s ahead.

How Long Does a Personal Injury Lawsuit Take?

The timeline for a personal injury lawsuit varies. Some cases resolve in just a few months, while others may take a year or more. Still, most cases move through a similar series of steps after filing.

Several factors influence how long a case takes to resolve. Court schedules, insurance negotiations, medical treatment, and the complexity of the legal issues all play a role. Cases that involve multiple parties, contested liability, or expert testimony often require more time.

Here’s a closer look at the typical timeline for a personal injury lawsuit in Virginia.

Filing the Lawsuit

The process officially begins when your attorney files a complaint with the court. This document outlines:

Who you’re suing (the defendant),
What happened, and
What compensation you are seeking.

Next, the defendant must be “served,” meaning they must receive official notice of the lawsuit. In Virginia, they usually have 30 days to respond. Locating the defendant and scheduling with the court can take anywhere from a few weeks to several months. If the defendant is difficult to find or lives out of state, the process server may encounter delays in completing service.

Discovery Phase

Discovery is where both sides gather and exchange evidence. It includes written questions (interrogatories), document requests, and depositions. You can expect this phase to involve:

Medical records and treatment history;
Employment records and wage loss documentation;
Accident reports, photos, or video footage; and
Expert assessments and witness statements.

Because of its detail and depth, discovery is often the longest phase, usually six months or more, particularly in cases involving serious injuries or disputed facts.

Discovery can also reveal new information that shifts the strategy for both sides. For example, expert reports might lead to further depositions or additional document requests, adding more time to this phase.

Pre-Trial Motions and Settlement Negotiations

Once discovery wraps up, attorneys may file motions. These requests ask the court to rule on legal issues, such as which evidence is admissible or whether certain claims should be dismissed.

Settlement discussions often pick up at this stage. Both sides now have a clearer picture of the case.

Many cases resolve here through direct negotiation or mediation. A neutral mediator helps both parties work toward a fair agreement without going to trial. Mediation can be voluntary or court-ordered, allowing both sides to come to a resolution rather than leaving it to a jury.

Once the parties settle, they typically finalize the agreement and process payment within a few weeks. Sometimes, the parties agree to a structured settlement that spreads payments over time.

Trial

If the parties fail to settle, the case moves to trial, where a judge or jury hears the case in Virginia.

During the trial, both sides present evidence, question witnesses, and make legal arguments. The judge or jury then decides whether the defendant is liable and what compensation should be awarded.

While the trial itself may last only a few days, getting to trial can take a year or more, depending on court availability and the complexity of the case. Trial preparation is intensive, requiring careful review of the evidence, coordination with witnesses, and detailed planning for courtroom presentation.

Appeals and Post-Trial Activity

Even after a verdict, the case may not be over. Either side can file post-trial motions or appeal the decision.

Not every case goes to appeal, but when it does, it can add months, sometimes longer, to a personal injury lawsuit timeline.

What Can Affect the Personal Injury Timeline?

Several factors can speed up or slow down your case:

Ongoing medical treatment. Your attorney may delay settlement negotiations until your condition stabilizes, allowing for a more accurate calculation of future costs.
Disputes over fault. If liability is disputed, attorneys may need more time to gather evidence and expert opinions.
Insurance company tactics. Insurers may request additional documentation or delay negotiations.
Court scheduling. Some Virginia courts have heavy caseloads, which can cause scheduling delays.
Case complexity. Multiple parties, large claims, or technical evidence can all add time to the process.

Every personal injury timeline is different. Speaking with an experienced personal injury attorney can help you better understand what to expect.

Talk to a Virginia Personal Injury Attorney

If you’ve been seriously injured and are considering legal action, knowing what to expect and who you can trust is important.

At River Run Law, we guide clients across Virginia through personal injury claims involving serious accidents, long-term care, and financial hardship. We’re proud to be ranked among the top 4% of law firms nationwide in the 15th edition of Best Law Firms®. That recognition comes from our consistent work to support our clients with preparation, strategy, and results.