Car accident settlements in Virginia begin when you file a claim with the at-fault driver’s auto insurance company, providing details of your injuries, property damage, and other losses. The insurer will then investigate your claim and assess the circumstances of the crash before making a settlement offer.
Understanding how the settlement process works can help you make informed decisions about your recovery. Virginia follows specific procedures for resolving car accident claims, whether through settlement negotiations with insurance companies or, if necessary, through the court system.
What Is a Settlement?
A car accident settlement is an agreement between you and the at-fault party’s auto insurance company. In this arrangement, the insurer agrees to pay you a specific amount. In exchange, you agree not to pursue further legal action related to the crash.
Settlements offer several advantages over lengthy court proceedings. They typically resolve much faster than lawsuits, which can take years to complete. They also provide certainty about the outcome, as both parties agree to the terms rather than leaving the decision to a jury. Additionally, settlements are private agreements, while court cases become public records. Contact our Richmond traffic collision attorney today.
Do Most Car Accident Cases Settle or Go to Court?
In most cases, Virginia car accident lawsuits settle before they see a courtroom. Insurance companies prefer to pay valid claims rather than risk unpredictable jury verdicts and the costs of trial preparation and litigation.
However, some car accident cases do go to trial. A trial may happen when the insurer disputes liability, questions the extent of your injuries, or offers an unreasonably low settlement amount that fails to compensate you for your losses adequately. Your car accident attorney can help you determine whether a settlement offer is fair or whether pursuing litigation might be necessary.
What Is the Legal Process for a Car Accident Settlement?
The settlement process follows several phases, each building toward a potential resolution of your claim. The following are the key phases in the process:
- Investigation — The investigation phase forms the foundation of your car accident claim. You and your attorney will gather all relevant evidence to support your case during this period. This process includes collecting evidence such as:
- Law enforcement agency crash reports, such as reports by the Roanoke City Police Department or Roanoke County Sheriff’s Office.
- Witness statements, including statements from the other driver, passengers, and bystanders who saw and heard the crash and its aftermath
- Photographs from the accident scene and vehicle damage, including photos showing the location of the crash and road, traffic, and weather conditions
- Your medical records and bills, which can demonstrate the extent of your injuries and the extent of the harm you have been dealing with since the crash.
Your attorney from Marks & Harrison may also work with accident reconstruction professionals, doctors, vocational rehabilitation experts, and others to strengthen your case. The auto insurance company will also investigate the crash by reviewing evidence and possibly interviewing witnesses.
- Demand letter — Once your attorney has compiled all necessary documentation and you have reached maximum medical improvement, the attorney will work with you to prepare a demand letter. This document outlines the facts of the accident, establishes the other driver’s liability, details your injuries and treatment, and presents a dollar amount for settlement. An effective demand letter can significantly influence the insurance company’s settlement offer.
- Response — After the insurance company receives your demand letter, it may respond within a few weeks and accept your demand (which is rare) or make a counteroffer for a lower amount (which is more common). The insurer may also deny your claim if it disputes liability.
- Negotiation — This phase may involve multiple offers and counteroffers between your lawyer and the insurance company. Your attorney will use their knowledge of similar cases to advocate for full and fair compensation, while the insurance company will attempt to minimize its payout. Your attorney will advise you on any offers you receive.
- Litigation — If negotiations fail to result in a settlement, your attorney can consult with you about taking your case to trial. Even after filing a car accident lawsuit in Virginia, you can continue settlement talks with the other party (or parties). Many cases settle during discovery, mediation, or even after the trial begins.
What Factors Can Affect the Settlement Process?
Every case is different. The compensation a person may obtain in a personal injury lawsuit after a car accident in Virginia will depend on the unique facts of their case. How the settlement process unfolds will also vary from case to case. Some factors that influence how the process unfolds include:
- Time needed for you to heal from your injuries fully
- Responsiveness of all parties and communication between them
- Insurance company policies
- Which insurance adjuster is assigned to your case
- The strength and clarity of your evidence of liability and damages.
Sometimes, insurers remain unwilling to settle until the claimant begins litigation. In those cases, the time it takes to resolve your case may stretch longer.
What Damages Could You Receive in a Virginia Car Accident Settlement?
Virginia law allows car accident victims to seek compensation for economic and non-economic harm they suffered due to someone else’s negligence. Economic damages include medical expenses, lost income, property damage, and other losses tied to a specific dollar amount. Non-economic damages include compensation for pain and suffering, emotional distress, loss of quality and enjoyment of life, and other subjective losses.
To calculate damages, you must consider the severity of your injuries, the length of your recovery period, and the impact of the injuries on your daily life.
What Is the Statute of Limitations for Car Accident Lawsuits in Virginia?
Virginia law provides a two-year deadline from the injury date to file a personal injury lawsuit. If you miss this deadline, you will lose your right to seek compensation through the court system. For property damage claims, Virginia allows filing a claim five years from when the damage occurred. You should begin the claims process promptly to preserve your rights and ensure adequate time for investigation and negotiation of your case.
Contact a Virginia Car Accident Lawyer
Since 1911, Marks & Harrison has recovered over $1 billion on behalf of injury victims and their families in Virginia. Our skilled team features 32 personal injury attorneys and over 130 support personnel, including former law enforcement and insurance investigators. We have the experience and resources to seek maximum compensation for you. Contact us today for a free consultation and learn more about how we can assist in your car accident settlement.
