What are the stages of a claim?
The stages below are a general outline.
- Treatment. Get medical care and follow the plan your provider sets. Keep every bill and record.
- Records. Gather bills, medical records, wage records, the crash report and photographs. See how to request the report.
- Demand. Your side presents the claim to the insurer, with the supporting records. Check statutory liens first. See medical bills.
- Negotiation. The insurer responds and the parties discuss resolution. Follow the adjuster protocol in every call.
- Suit. If no agreement is reached, the claimant files a complaint in the proper court before the deadline.
- Resolution. The claim ends by settlement, judgment or dismissal. Some settlements need court approval, described below.
Every stage happens against the filing deadline. Personal injury must be filed within two years after the cause of action accrues (Va. Code § 8.01-243 (opens in a new tab)). Section 8.01-229 lists the grounds that suspend it.
| Stage | What the claimant does |
|---|---|
| Treatment | Seek care, follow the plan, keep records |
| Records | Collect bills, reports and photographs |
| Demand | Present the claim with supporting records |
| Negotiation | Respond to offers in writing, review before signing |
| Suit | File in the proper court before the deadline |
| Resolution | Settle, or proceed to judgment |
Which court hears the case?
General district courts have exclusive original jurisdiction over any action for injury to a person, on any theory, and over wrongful death actions, when the amount does not exceed $4,500, exclusive of interest and attorney fees. The jurisdiction is concurrent with circuit courts when the claim is more than $4,500 and does not exceed $50,000.
The proper court for a larger claim depends on its amount. Confirm it with the clerk or a lawyer.
| Court | Claims heard | Statute |
|---|---|---|
| General district court | Injury and wrongful death claims up to $4,500, exclusive | § 16.1-77(1) (opens in a new tab) |
| General district or circuit court | Claims above $4,500 up to $50,000, concurrent | § 16.1-77(1) (opens in a new tab) |
What approvals may be required?
When a party is under a disability, such as a minor, the court has power to approve and confirm a compromise on that party's behalf if it is to the party's interest. The order binds the party unless set aside for fraud (Va. Code § 8.01-424(A) (opens in a new tab)). Structured payments of not more than $4,000 in any calendar year may follow § 8.01-606; larger annual payments go to a qualified fiduciary (Va. Code § 8.01-424(D)(5) (opens in a new tab)). The section does not set a lump-sum approval threshold.
A wrongful death compromise has its own approval rule. See wrongful death.
Does interest run?
The court may fix interest on the award and the period it begins. Interest is at the judgment rate under § 6.2-302. If the court is silent, interest runs from the date of entry or the verdict date.
What controls the schedule?
Three things set the pace, and you control only some of them:
- Your treatment. Settlement discussions are usually easier to evaluate once the extent of the injury is known.
- The statute. The deadline does not move with negotiations. Use the claim deadline checker.
- The other side and the court. Insurer responses and court calendars are outside your control, and this guide cannot predict them.
Which Roanoke lawyers can explain these stages?
See our picks below.
Our picks for you
Firms that handle these cases, chosen by our editors. Listing is not a ranking or an endorsement of results.
4.8 / 5 on GoogleFishwick & Associates PLC
Bicycle accident; Brain injury; Car accident; Motorcycle accident; Personal injury; Truck accident; Wrongful death.
Altizer Law, P.C.
Loeschen Law Firm PLLC
Frequently asked questions
How long does a Virginia injury claim take?
The length varies with treatment, the number of parties, insurer responses and whether suit is filed. What is fixed is the filing deadline: Va. Code § 8.01-243 sets two years for personal injury, running from accrual. Use the claim deadline checker to track your date, and begin gathering records early.
What is the general district court limit?
Va. Code § 16.1-77(1) gives general district courts exclusive original jurisdiction over injury claims that do not exceed $4,500, exclusive of interest and attorney fees. The jurisdiction is concurrent with circuit courts for claims above that and up to $50,000.
Does negotiation stop the statute of limitations?
Section 8.01-229 lists the grounds that suspend the filing period, such as minority, incapacity and death of a party. Do not assume that talks with an insurer extend your deadline. Keep the filing date in view throughout negotiation, and confirm with a lawyer before waiting on an insurer's response.
Must a minor's settlement be approved?
For a party under a disability, Va. Code § 8.01-424(A) gives the court power to approve and confirm a compromise if it is to the party's interest, and the order binds the party unless set aside for fraud. Whether a particular settlement needs approval is a question for a lawyer or the court clerk.
Last reviewed · Reviewed by the Roanoke Crash Lawyer Guide editorial team