Will My Personal Injury Case Go to Trial in Virginia?

If you’ve been injured due to someone else’s negligence and are pursuing a personal injury claim in Virginia, one common question you might have is whether your case will go to trial. While every case is unique, there are several factors that can affect whether a personal injury case in Virginia ultimately goes to trial or not.

Overview of Personal Injury Cases in Virginia

Before diving into whether your personal injury case is likely to go to trial, it’s helpful to have a basic understanding of the personal injury claims process in Virginia.

Most personal injury cases in Virginia follow a similar progression:

  • The injured party (plaintiff) or their attorney files a claim with the at-fault party’s insurance company.
  • The insurance company conducts an investigation into the accident and the plaintiff’s injuries, and may offer a settlement to resolve the claim.
  • If the plaintiff accepts the settlement offer, the case is closed. If not, the plaintiff may file a lawsuit against the at-fault party.
  • The parties engage in discovery, which involves exchanging information and evidence related to the case.
  • The parties may attempt to reach a settlement prior to trial by engaging in mediation or settlement negotiations.
  • If a settlement isn’t reached, the case will go to trial.

Factors that Can Affect Whether a Personal Injury Case Goes to Trial in Virginia

While some personal injury cases in Virginia do go to trial, many are resolved before trial through a settlement agreement. Here are some of the factors that can affect whether your case is likely to go to trial:

The Strength of Your Case

The strength of your case, and the evidence and witnesses you have to support your claim, can impact whether your case goes to trial. If the other party believes that you have a strong case, they may be more inclined to settle before trial. On the other hand, if the other party believes that they have a strong defense, they may be more inclined to take the case to trial.

The Willingness to Negotiate

Both parties must be willing to negotiate in good faith in order to reach a settlement. If one side is unwilling to negotiate or is making unreasonable demands, the case may go to trial.

The Amount of Damages Sought

The amount of damages sought by the plaintiff can impact the likelihood of settlement or trial. If the amount sought is relatively low, it may be easier to reach a settlement agreement. However, if the amount sought is high, the defendant may be more likely to take the case to trial.

The Attorneys Involved

The attorneys representing each party can also play a role in whether a case goes to trial. Experienced personal injury attorneys may be more skilled at negotiating settlements, while attorneys who are newer to the field may be more likely to take cases to trial.

Benefits and Drawbacks of Going to Trial in Virginia

If your personal injury case does go to trial, there are both benefits and drawbacks to this approach.


  • A trial can provide a forum for all evidence and witnesses to be presented in front of a judge or jury.
  • If the plaintiff is successful, they may be awarded a higher amount of damages than what would have been offered in a settlement.
  • If the defendant is found liable at trial, it can set a precedent that may help other plaintiffs in future personal injury cases.


  • Trials can be lengthy and expensive.
  • There’s no guarantee of success at trial.
  • The outcome may not be what the plaintiff desires, even if they’re successful in some aspects of the case.


Whether a personal injury case in Virginia goes to trial depends on numerous factors, including the strength of the case, the willingness to negotiate, the amount of damages sought, and the attorneys involved. While trials can have both benefits and drawbacks, many cases are resolved through settlement agreement prior to trial. It’s important to work closely with an experienced personal injury attorney to determine the best approach for your individual case.

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