If the claim can be settled before the filing of a lawsuit, then the injured person usually will not have to appear in court. However, whether or not a case can be settled short of an appearance in court by the injured person is specific to each case. Our experienced personal injury lawyers in Virginia Beach can help you with the settlement value of a personal injury claim and whether you will need to appear in court.
Personal Injury Claims
Typically, a person who wishes to claim personal injuries will submit a claim to the applicable insurance company and request that the insurance company review the claim and get back to the claimant with an offer of settlement. That request by the claimant may result in a denial of the claim by the insurance company, a request by the insurance company for additional information from the claimant, an offer of settlement, or some other response from the insurance company.
If an agreement cannot be reached with the insurance company regarding a settlement of the injury claim, then the claimant’s personal injury lawyer will usually file a lawsuit in an effort to obtain an amount greater than what the insurance company is willing to pay.
Filing the Lawsuit
Once the lawsuit is filed, it must be served on the defendant(s), and if there is potential uninsured or underinsured motorist coverage available to the plaintiff under an insurance policy or policies issued in Virginia, the lawsuit must also be served on that insurance company or companies. The defendant(s) and any served insurance companies must then file written answers to the lawsuit if they wish to contest the plaintiff’s claim.
Once the lawsuit has been answered, the case moves into what is known as discovery, which is the phase of a lawsuit during which the litigants can issue written questions to each other, subpoena documents from healthcare providers and other persons and entities, examine witnesses under oath, and use other means to collect information relevant to the case. Ultimately, the case will be assigned a trial date, and if the case cannot be settled before the trial date, then it will proceed to a trial, where the plaintiff and other witnesses can testify and documents can be entered into evidence.
Throughout the process described above, settlement negotiations between the insurance company and the plaintiff’s personal injury law firm will usually be ongoing, and if an agreement can be reached with the insurance company regarding settlement prior to the trial date, then the case can usually be brought to an end without the need for the plaintiff to appear in court.
Personal Injury Articles
In Virginia, if the driver of a car suddenly loses consciousness and strikes another car, can the driver who lost consciousness avoid liability for any injuries that result from the car accident?
In Virginia, if a plaintiff in a personal injury lawsuit arising out of a car accident proves that the defendant is responsible for the accident, does the plaintiff automatically receive the amount sued for?
About Preston, Wilson & Crandley, PLC
Our personal injury attorneys handle claims ranging from car accidents to drunk driving accidents and wrongful death claims. Our firm has successfully represented people in Virginia’s injury cases since 1955. Give us a call and let our experience work for you.
For a Personal Injury Attorney in Virginia Beach, please get in touch with us at (757) 486-2700.
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