Gloucester County Personal Injury Attorney Ken Gibson Explains How Long Personal Injury Claims Take in Virginia

HAYES, VA - Personal injury claims in Virginia involve strict legal deadlines that can determine whether injured individuals retain the right to pursue compensation. Gloucester County personal injury attorney Ken Gibson of GibsonSingleton Virginia Injury Attorneys (https://www.gibsonsingleton.com/blog/how-long-does-personal-injury-claim-take/) [https://www.gibsonsingleton.com/blog/how-long-does-personal-injury-claim-take/] explains the factors that affect how long a personal injury case takes to resolve, from the statute of limitations to settlement negotiations.

Gloucester County personal injury attorney Ken Gibson notes that Virginia Code 8.01-243 establishes a two-year statute of limitations for personal injury lawsuits, beginning on the date the accident occurred. Courts in Virginia will dismiss lawsuits filed even one day past this deadline, and insurance companies track these dates closely. "Understanding the statute of limitations is essential for anyone who has been injured in an accident," explains Gibson. "Missing this deadline can mean losing the right to seek compensation entirely."

Gloucester County personal injury attorney Ken Gibson emphasizes that injured individuals should not settle a claim before reaching maximum medical improvement. MMI is the point at which a physician determines a patient's condition has stabilized and is unlikely to improve with additional treatment. Settling before MMI may result in compensation that fails to account for future surgeries, extended physical therapy, or permanent limitations.

Attorney Gibson notes that the timeline for a personal injury case also depends on which Virginia court handles the matter. The General District Court handles many personal injury and wrongful death claims up to $50,000 on a faster track without jury trials, with cases decided by a judge alone. Circuit Court cases, which typically involve higher-value claims, require formal discovery including written interrogatories, depositions, expert evaluations, and motion hearings that can extend the process by months. "The court where a case is filed can significantly affect how long the process takes," adds Gibson. "Cases in the Gloucester County Circuit Court may reach trial within six to eight months, while larger jurisdictions like Fairfax County can have wait times of a year or more."

The medical treatment phase is often the most significant factor in determining the overall timeline. Minor soft-tissue injuries may resolve within six to eight weeks, while broken bones can require three to six months of recovery. Traumatic brain injuries, spinal cord injuries, and other catastrophic injuries may require months or even years of treatment before a physician determines maximum medical improvement has been reached. Virginia law allows individuals to file a lawsuit while still receiving treatment if the two-year deadline is approaching.

The team at GibsonSingleton Virginia Injury Attorneys also handles the process of collecting complete medical records and bills from every provider involved in a client's care. Some providers respond within a week, while others take 30 days or longer. Large hospital systems may require multiple follow-up requests before producing complete records. Missing even one set of records can weaken settlement negotiations if the insurance company challenges the connection between treatment and the accident. Medical billing is further complicated by liens from health insurance companies, Medicare, or Medicaid, which must be identified, quantified, and, in some cases, negotiated before a settlement can be finalized.

Settlement negotiations typically begin after treatment is complete and a demand package has been assembled, a process that usually takes about 30 days after medical treatment concludes. Insurance companies may take weeks to evaluate a demand, and this delay is often strategic. The firm represents clients throughout Gloucester County, Mathews County, and the Middle Peninsula, including cases filed in the Gloucester County Circuit Court and the Gloucester County General District Court at 7400 Justice Drive. "Insurance companies benefit from dragging out the process," Gibson observes. "Filing a lawsuit puts the case on the court's schedule and often motivates them to negotiate fairly."

For those involved in accidents in Virginia, consulting with a personal injury attorney well before the two-year deadline may help protect legal rights and ensure full compensation is pursued.

About GibsonSingleton Virginia Injury Attorneys:

GibsonSingleton Virginia Injury Attorneys is a Hayes, Virginia-based law firm dedicated to representing individuals injured in accidents throughout Gloucester County and the Middle Peninsula. Led by attorneys Ken Gibson and John Singleton, both former U.S. Marines, the firm handles personal injury cases in both General District and Circuit Courts. For consultations, call (804) 413-6777.

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