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Virginia Injury Blog
How Long Will It Take My Injury Case To Be Resolved in Virginia?

I focus on achieving favorable results with dedication & hard-work.- Griffin O'Hanlon

Attorney at Cooper Hurley Injury Lawyers

How Long Will It Take My Injury Case To Be Resolved in Virginia?

This question of how long it will take an injury case to be resolved in Virginia is a standard one that we address at the beginning of every new personal injury case.  The experienced personal injury attorney in Virginia knows to tell the client what to expect in relation to the progression of the case.  Having a relatively clear answer to this question helps the injured person to know how to adjust themselves to the reality of their injury and the process of getting compensated fairly by the insurance company.

what not to say to the insurance company after a Va wreck

After an initial flurry of activity at the beginning of an automobile accident case with injuries, the next step is waiting for the client to be healed and get back to 100 percent of how they were before the wreck if possible.  If the person is going to have permanent injuries then you need to wait until the doctors have declared that there is nothing further they can do and the person is as good as they can get them.

The medical term is MMI or maximum medical improvement.  At that point, the orthopedic doctor or neurosurgeon will typically say to the patient you don't need to come back and see me for 6 months or a year unless something changes.  The case should be ready to present to the insurance company at this juncture.  The reason the case can't typically be presented before then is you don't want to settle the case today and then find out the next day that you need a further surgery caused by the wreck.

As soon as my client advises me that they have finished treating, then we get all of the bills and records collected and put them in a package called a demand package to the insurance company.  We are waiting for some period of time to hear back from the insurance company as to their initial offer on the case.  If everything goes smoothly then negotiation takes place, always with the client's express permission, and a settlement is concluded.  Sometimes the paperwork can take several weeks or even longer. It depends on the complexity of the issues and the paybacks like the money to Medicare or others.  That is the normal course of a personal injury case that gets settled before suit.

If the client knows in advance that it's going to be a few months after they are finished treatment then they can budget and plan with that timeframe in mind.  Like in every system, there are always changes that may be required for certain cases.  Some cases go into suit sooner.  Other cases get settled sooner even before maximum medical improvement depending upon special circumstances.  However, the main thing is for the personal injury attorney to explain the plan and get the client's understanding and acceptance of the game plan at the beginning of the case.

Although you may feel your case is taking too long, you should be careful about accepting fast cash from the insurance company. Often, you will not be given what you deserve for your injuries.If you have been injured due to the fault of another person, please call our Virginia personal injury lawyers at (757) 455-0077.

John Cooper

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John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Injury Lawyers as an associate attorney. He became a partner in 2017.

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