# What are the stages of a Virginia injury claim?

Page: Virginia Personal Injury Claim Timeline: The Stages
URL: https://roanokecrashlawyerguide.com/claims/timeline/
Last reviewed: 2026-10-13

> A claim proceeds in stages: treatment, records, demand, negotiation, and suit if no agreement is reached. General district courts hear injury claims up to $50,000 (Va. Code § 16.1-77), sharing the range above $4,500 with circuit courts. The filing deadline runs throughout.

## What are the stages of a claim?

The stages below are a general outline.

1. **Treatment.** Get medical care and follow the plan your provider sets. Keep every bill and record.
2. **Records.** Gather bills, medical records, wage records, the crash report and photographs. See [how to request the report](https://roanokecrashlawyerguide.com/steps/get-crash-report/).
3. **Demand.** Your side presents the claim to the insurer, with the supporting records. Check statutory liens first. See [medical bills](https://roanokecrashlawyerguide.com/claims/medical-bills/).
4. **Negotiation.** The insurer responds and the parties discuss resolution. Follow the [adjuster protocol](https://roanokecrashlawyerguide.com/claims/insurance-adjuster/) in every call.
5. **Suit.** If no agreement is reached, the claimant files a complaint in the proper court before the deadline.
6. **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](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/)). Section 8.01-229 lists the grounds that suspend it ([Va. Code § 8.01-229](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-229/)).

| 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 ([Va. Code § 16.1-77(1)](https://law.lis.virginia.gov/vacode/title16.1/chapter6/section16.1-77/)).

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)](https://law.lis.virginia.gov/vacode/title16.1/chapter6/section16.1-77/) |
| General district or circuit court | Claims above $4,500 up to $50,000, concurrent | [§ 16.1-77(1)](https://law.lis.virginia.gov/vacode/title16.1/chapter6/section16.1-77/) |

## 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)](https://law.lis.virginia.gov/vacode/title8.01/chapter15/section8.01-424/)). 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)](https://law.lis.virginia.gov/vacode/title8.01/chapter15/section8.01-424/)). The section does not set a lump-sum approval threshold.

A wrongful death compromise has its own approval rule. See [wrongful death](https://roanokecrashlawyerguide.com/virginia-law/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 ([Va. Code § 8.01-382](https://law.lis.virginia.gov/vacode/title8.01/chapter18/section8.01-382/)).

## 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](https://roanokecrashlawyerguide.com/tools/claim-deadline/).
- **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.

1. **Fishwick & Associates PLC**: 30 Franklin Rd SW Ste 700, Roanoke, VA 24011; (540) 345-5890.
   Practice areas: Bicycle accident; Brain injury; Car accident; Motorcycle accident; Personal injury; Truck accident; Wrongful death.
   Fees: No attorney fee unless the firm recovers compensation on your behalf.
   The initial consultation is free.
2. **Altizer Law, P.C.**: 324 Washington Avenue Southwest, Ste A, Roanoke, VA 24016; (540) 345-2000.
   Practice areas: Car accidents; Truck, motorcycle and bicycle injuries; Wrongful death; Medical malpractice.
3. **Loeschen Law Firm PLLC**: 30 East Clay St. #210, Salem, VA 24153; (877) 645-0683.
   Practice areas: Car accidents; Truck and motorcycle accidents; Slip and fall; Wrongful death.

## 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.

## Sources

- [Va. Code § 16.1-77](https://law.lis.virginia.gov/vacode/title16.1/chapter6/section16.1-77/)
- [Va. Code § 8.01-424](https://law.lis.virginia.gov/vacode/title8.01/chapter15/section8.01-424/)
- [Va. Code § 8.01-382](https://law.lis.virginia.gov/vacode/title8.01/chapter18/section8.01-382/)
- [Va. Code § 8.01-243](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/)
- [Va. Code § 8.01-229](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-229/)