How the Personal Injury Claim Process Works at Huffman & Huffman Brothers-in-Law

If you or a loved one has been injured in an accident in Newport News, Virginia Beach, or anywhere in the Hampton Roads area, understanding the personal injury claim process can make a significant difference in your recovery, both physically and financially. At Huffman & Huffman, we guide our clients through every step of the process with experienced, personal attention from start to finish.

For a quick overview of the key steps in the claim process, download our guide.

What To Do Immediately After an Accident in Virginia

The steps you take immediately after an accident or injury can have a major impact on both your health and your legal claim. While every situation is different, whether a car accident, a slip and fall, or injury from a defective product, there are important steps that apply across the board. Do as many of the following as your situation allows:

• Report the incident through the appropriate channel. For car accidents that involve injuries or block the roadways, call 911. Even if there are no injuries and the vehicles can be moved safely, it is still recommended that you contact local law enforcement and request a police report. For other types of incidents, the appropriate reporting process depends on the circumstances. For example, after a slip and fall, report the incident to the property owner or manager and request an incident report if one is available.
• Document everything you can. Take photos and videos of the scene, your injuries, any hazardous conditions, and anything else relevant. This evidence can disappear quickly: spills get cleaned up, scenes get altered, and memories fade.
• Gather witness information. If anyone saw what happened, collect their names and contact details before leaving the scene.
• Do not admit fault or apologize. Even a casual “I’m sorry” can be used against you later. Stick to the facts when speaking with anyone at the scene.
• Avoid giving a recorded statement to any insurance company before speaking with an attorney. Adjusters are trained to ask questions in ways that can undermine your claim, and you are not required to provide a recorded statement.
• Preserve any physical evidence. Keep the clothes and shoes you were wearing. Do not repair a vehicle or return a defective product. Hold onto anything that may be relevant to how the accident happened or the extent of your injuries.

1. Seek Medical Treatment After an Accident

If you are injured in an accident caused by someone else’s negligence, your health should always come first. It is important to seek medical treatment as soon as possible after the accident, even if your injuries seem minor at first.

Not only is prompt medical care important for your recovery, but it is also one of the most important parts of building a personal injury claim. Medical records help document your injuries, connect them to the accident, and support your claim for compensation.

Without medical documentation, insurance companies will often argue that your injuries were not serious or were unrelated to the accident.

If you have health insurance, it is important to use it for your treatment whenever possible.

2. Speak With an Experienced Personal Injury Lawyer at Huffman & Huffman

Insurance companies have adjusters and defense teams whose job is to minimize or deny injury claims. They understand the law and the claims process, and they often try to use that knowledge against injured people.

That is why it is important to schedule a consultation with a personal injury attorney as soon as possible after an accident, especially before speaking with the at-fault party’s insurance company. This is particularly important in Virginia because the state follows a strict contributory negligence rule. If you are found even 1% at fault for the accident, you may be barred from recovering compensation.

At many injury law firms, consultations are handled by an intake department or outside call center. At Huffman & Huffman, your consultation is always:

• Free
• Confidential
• Conducted with an experienced attorney

During your free initial consultation, you will:

• Discuss the details of the accident
• Review your injuries and medical treatment
• Get answers to your questions
• Receive guidance on the best next steps
• Learn what types of compensation may be available in your case

Our goal is to give you real legal guidance from the very beginning. We are available to take your call 24 hours a day, seven days a week. You can reach our team by phone, through our website, or by visiting our office. There is never any pressure to move forward, and your consultation is always free.

Huffman & Huffman also handles personal injury cases on a contingency fee basis. That means you pay no attorney fees unless we recover compensation for you. There are no upfront costs and no out-of-pocket expenses to get started.

3. Start Your Claim With Our Team

If our attorneys determine that we can help with your case and add value to your claim, you will begin working with our intake team to officially open your case.

During this process, we will gather important information and documentation, including:

• A copy of your driver’s license or identification
• Details about the accident
• Photos or videos
• Witness information
• Insurance information
• Police reports, if available
• Information about your injuries and medical treatment

You will also sign paperwork allowing our firm to communicate with the insurance companies on your behalf. After your paperwork is completed:

• We notify the insurance companies that you are represented
• Insurance companies should direct injury-related communications to our office
• Our team begins gathering evidence and building your case

This allows you to focus on your recovery while we handle the legal process.

Our team works to:

• Investigate liability (fault)
• Gather evidence
• Obtain witness statements
• Identify available insurance coverage
• Work with medical providers
• Calculate damages and losses
• Help identify available benefits, including MedPay coverage when applicable

4. Working With Your Pre-Litigation Paralegal

After your case is opened, you will be assigned to one of Huffman & Huffman’s pre-litigation paralegals.

Your paralegal will:

• Introduce themselves shortly after your case is accepted and you hired our firm
• Gather additional information about your medical treatment
• Help answer questions throughout the process
• Stay in regular contact regarding your recovery and claim status

At this stage, it’s important to set the appropriate expectations regarding the timeline of your case. In general, we cannot fully evaluate your case until:

• You complete medical treatment, or
• Your doctors determine you have reached maximum medical improvement, or
• Available insurance coverage limits have been reached

The timeline for this stage varies depending on the severity of injuries and length of treatment. Some cases may take a few months, while others can take a year or longer. While we understand that you may be dealing with significant costs, it is important not to rush this process. Settling too early could leave you responsible for future medical bills or ongoing treatment costs that were not accounted for in the settlement.

The value of a claim is often heavily influenced by:

• The type and length of medical treatment
• The severity of injuries
• The long-term impact on your life
• Lost wages and other financial losses
• Pain, suffering, and inconvenience

5. Submitting the Demand Package

Once your treatment is complete or your damages can be properly evaluated, our legal team prepares and submits a demand package (a demand letter and supporting documentation) to the insurance company. Your demand package is put together by your pre-litigation paralegal and reviewed by your attorney.

This package includes:

• Medical records and bills
• Evidence supporting liability
• Documentation of lost wages and damages
• Details about how the injuries affected your life
• A settlement demand requesting compensation

Once the insurance company has received the demand package, there are several ways that it may respond, including:

• Accepting responsibility
• Disputing liability
• Denying the claim entirely
• Making a lower settlement offer

It is common for insurance companies to initially offer less than what a case may truly be worth.

6. Negotiating the Settlement

After the demand is submitted, it typically takes the insurance company around 30 to 60 days to respond. At this stage, claims rarely settle immediately. It is more likely that your attorney and the insurance company will enter into negotiations.

During negotiations:

• Your attorney will keep you updated
• Multiple rounds of negotiation may occur
• Your attorney will explain settlement offers and provide guidance

Our attorneys will help you understand:

• The strengths and weaknesses of the case
• Whether the offer is reasonable
• What compensation may still be recoverable

The final decision to accept or reject an offer is always yours. Our goal is to maximize the value of your claim while helping you make an informed decision.

7. Filing a Personal Injury Lawsuit and Preparing for Litigation

If the insurance company refuses to make a fair offer or denies the claim, it may become necessary to file a lawsuit.

Litigation may involve:

• Written discovery
• Depositions
• Evidence collection
• Expert witnesses
• Pre-trial motions
• Mediation or settlement conferences

Many cases still settle during litigation, often before reaching trial.

In fact, filing a lawsuit sometimes motivates the insurance company to increase its settlement offer once they see the strength of the case.

8. Going to Trial

If a settlement still cannot be reached, your case may proceed to trial.

At trial:

• A judge or jury will determine fault
• The court will decide whether compensation should be awarded
• Your attorney will present evidence and argue your case

Before trial, your legal team will thoroughly prepare you for:

• Court procedures
• Testimony
• What to expect during the trial process

We will be with you every step of the way.

9. Finalizing the Settlement

Once a settlement is accepted:

• Final paperwork is signed
• The insurance company processes payment
• The settlement becomes final

It is important to understand that once a settlement is accepted, additional compensation typically cannot be requested later. That is why we work to ensure your damages and future needs are fully considered before resolving your case.

10. Receiving Your Settlement Funds

Typically, settlement funds are received within about 30 days after the settlement is finalized. Once our office receives the settlement funds, our team will contact you to arrange disbursement.

Funds may typically be provided through:

• Direct wire transfer
• Check pickup at our office

Our team will also provide a breakdown of:

• Attorney fees
• Case expenses
• Medical payments
• Final client proceeds

11. Insurance Reimbursement & Subrogation

In some cases, a portion of the settlement funds must temporarily be held to reimburse health insurance providers or government benefit programs for medical expenses they paid related to your injuries.

This process is called subrogation.

Subrogation claims may involve:

• Health insurance companies
• Medicare
• Medicaid
• Military or government healthcare programs

This process can sometimes take time, particularly with government insurance programs.

At Huffman & Huffman, our verification team works directly with medical providers, health insurance companies, and lien holders to verify outstanding balances, negotiate reductions when possible, ensure payments are properly resolved, and keep you updated throughout the process.

In many cases, successful reductions help increase the amount of money our clients ultimately receive.

What Types of Compensation Are Available in a Virginia Personal Injury Claim?

When someone else’s negligence causes you harm, the law may entitle you to compensation that goes well beyond just your medical bills. Depending on the facts and circumstances of your case, recoverable damages may include:

• Medical expenses. This includes emergency treatment, hospitalization, surgery, specialist visits, prescription medications, physical therapy, and any future medical care related to your injuries.
• Lost wages. If your injuries kept you out of work, you may be entitled to recover the income you lost during your recovery.
• Loss of earning capacity. If your injuries affect your ability to work at the same level as before, either temporarily or permanently, you may be entitled to compensation for that long-term impact on your livelihood.
• Pain and suffering. Virginia law allows injured people to seek compensation for physical pain, emotional distress, anxiety, and the overall reduction in quality of life caused by the injury.
• Loss of enjoyment of life. If your injuries have prevented you from participating in activities, hobbies, or relationships that were important to you, that loss may be factored into your claim.
• Property damage. Compensation for damage to your vehicle or other personal property.
• Out-of-pocket expenses. Transportation to medical appointments, home care assistance, medical equipment, and other costs directly related to your injury and recovery.

Every case is different, and not all of these categories will apply in every situation. Our attorneys will carefully evaluate the full scope of your damages during your consultation to make sure nothing is overlooked.

What Are Common Mistakes to Avoid After an Accident?

After an accident, it is easy to make decisions that seem reasonable in the moment but end up hurting your claim. Here are some of the most common mistakes to avoid:

• Delaying or avoiding medical treatment. If you wait days or weeks to see a doctor, the insurance company will argue that your injuries were not serious or were caused by something other than the accident. Seek treatment promptly and keep every appointment.
• Posting on social media. Insurance adjusters routinely monitor claimants’ accounts. A photo, a check-in, or even a comment about feeling better can be taken out of context and used to minimize your injuries. Avoid posting anything about the accident or your health while your claim is open.
• Giving a recorded statement to the insurance company. The at-fault driver’s insurer may contact you quickly and make this seem routine or required. It is not. Do not give any recorded statement before speaking with an attorney.
• Accepting an early settlement offer. Quick offers from insurers are almost always far below what your claim is worth, and accepting one typically means signing away your right to any additional compensation, even if your injuries turn out to be more serious than initially understood.
• Failing to follow your treatment plan. Skipping physical therapy, missing follow-ups, or not filling prescriptions gives the insurer grounds to argue you are not as injured as you claim.

How Long Do You Have to File a Personal Injury Claim in Virginia?

In Virginia, most personal injury claims must be filed within two years of the date of the accident. If you miss this deadline, you will generally lose your right to pursue compensation entirely, regardless of how strong your case may be. Acting quickly allows our team to preserve critical evidence, secure witness statements, and build the strongest possible claim on your behalf.

Frequently Asked Questions About Virginia Personal Injury Claims

How long does a personal injury claim take in Virginia?

It depends on the complexity of your case and the severity of your injuries. Straightforward claims may resolve in a few months. Cases involving serious injuries, disputed liability, or litigation can take one to three years or more. Our team will give you a realistic timeline based on the facts of your situation.

What if I was partially at fault for the accident?

Virginia’s contributory negligence rule is strict: if you are found even 1% at fault, you may be barred from recovering any compensation. This makes experienced legal representation especially important. Our attorneys will work to build the strongest possible case and counter any attempts to place blame on you.

Will my case go to court?

Most personal injury cases settle before trial. However, if the insurance company refuses to offer fair compensation, we are fully prepared to litigate your case. We will keep you informed at every stage about where your case stands and what to expect.

How much is my case worth?

Every case is different. The value of your claim depends on the nature and severity of your injuries, the cost of your medical treatment, your lost wages, and the long-term impact on your life. During your free consultation, our attorneys will discuss what types of compensation may be available in your specific case.

Do I need a lawyer for my injury claim?

You are not legally required to hire an attorney to seek compensation from the at-fault party, but represented clients consistently receive significantly higher compensation than those who handle claims on their own. Insurance companies have experienced teams working to minimize your payout. Having Huffman & Huffman in your corner levels the playing field.

Speak With a Virginia Personal Injury Attorney at Huffman & Huffman Today

If you have been injured in an accident in Newport News, Virginia Beach, or anywhere in the Hampton Roads area, the team at Huffman & Huffman is ready to help. Your consultation is always free, confidential, and conducted with an experienced attorney.

We are available to take your call 24 hours a day, seven days a week. There are no upfront fees, and you pay nothing unless we recover compensation for you.

Contact us today to get started.