What Is the Process for a Virginia Personal Injury Claim?

Victims who suffer injuries in an accident or incident caused by the negligence of another party often have to deal with the stress of medical treatment and recovery. Depending on the extent of the injuries, the victim may be unable to work as they recover and may even be unable to perform even daily activities and tasks without some difficulty. Along with these physical issues, there are often the financial issues victims have to worry about, including medical bills for that treatment and loss of income from not working. In many cases, the victim may be able to file a personal injury claim against the at-fault party.

As stressful as all of this may be, a personal injury attorney can pursue legal action for you in order to obtain financial compensation for all the losses you have suffered. Many victims who take this step worry that the case may end up being long and drawn out and they worry that they will have to go to trial in order to get those damages.

The good news is that the majority of personal injury lawsuits actually end up being resolved before they would end up being litigated in court. The following are the different options that your Virginia personal injury attorney may pursue in order to get you the best possible outcome under the circumstances of your case.

Settlement Directly with the Insurance Company

When a victim is injured, the insurance company will often try to settle the case with them as quickly as possible, especially if the victim has not obtained the services of an injury attorney, as a way to get out of paying the victim what they actually deserve. However, a victim who I represented by an attorney can also resolve their case with the insurance company through a settlement. One of the many benefits of having an attorney is that he or she will ensure that the settlement amount will be what the victim deserves. If the insurance company fails to negotiate in good faith and offers an amount that will cover all of the victim’s losses, the attorney will file a legal claim in the next step of the injury claim process.


Mediation is one type of alternative dispute resolution where the parties involved, along with their attorneys, meet with a third-party mediator. The mediator facilitates negotiations between the parties in an effort to reach a resolution that is fair for both sides.


If mediation does not work, then the next step is litigating the case in court where either a judge or jury will decide if the other party was at fault for the victim’s injuries and, if so, how much the victim deserves in damages. It is important to note that in the majority of injury cases, the attorneys for both sides usually continue settlement negotiations to see if they can come to an agreement before the jury makes the decision. Often, the at-fault party will end up settling as the jury is deliberating because they are afraid the jury will find them liable.

Contact Shapiro, Washburn & Sharp for Help

If you have been injured in an accident caused by another party or parties, contact a Virginia personal injury attorney for a free and confidential consultation.

Our firm has successfully represented many accident victims and we understand how frightening these injuries can be for families, not only dealing with the uncertainty of your loved one’s health, but also the financial worry about how you will be able to take care of their medical and personal needs. We are available to meet and discuss the circumstances of your case and advice you on what your legal options are and how we can help.