How to File a Personal Injury Lawsuit

You are hurt. The bills are already arriving. The insurance company may have called, and the number they offered may not reflect what your claim is worth.

You did not plan for this. But the personal injury lawsuit process follows a specific set of steps, and each one has a deadline. In Virginia, you have only two years to file. In Virginia and North Carolina, even partial fault on your side can eliminate your right to compensation entirely.

At Marcari, Russotto, Spencer & Balaban, we guide injured people through each stage of the claims process. We offer free consultations, and there is no fee unless we recover compensation. With offices in Virginia, North Carolina, and South Carolina, and attorneys who can travel to meet with you, we work to make legal help more accessible when life feels overwhelming

What Is the Personal Injury Lawsuit Process

The personal injury lawsuit process has two main phases. The first is pre-suit: your attorney investigates the claim, gathers evidence, sends a demand letter to the at-fault party’s insurer, and negotiates a settlement. Most cases resolve here.

If the insurance company will not offer a fair amount, the second phase begins. Your attorney files a formal lawsuit with the court, and the case moves into discovery, negotiation, and mediation and trial if it doesn’t settle. The personal injury lawsuit steps vary depending on the complexity of the injury and the state where the claim is filed.

The vast majority of personal injury claims settle through negotiation or mediation.

Steps to Filing a Personal Injury Lawsuit

Each stage of a personal injury case builds on the one before it. Skipping a step, or handling one incorrectly, can reduce the value of the claim or eliminate it.

Consult a Personal Injury Attorney

The first step is a consultation. Bring your medical records, photos of the injury or accident scene, the police report, and any insurance correspondence you have received.

The attorney evaluates liability, the scope of your damages, and the timeline for filing. Marcari, Russotto, Spencer & Balaban offers a free consultation with a personal injury lawyer. There is no upfront cost.

Investigation and Building Your Case

Your attorney gathers the evidence that drives the claim: medical records and bills, police reports, witness statements, employment records for lost wages, out-of-pocket expenses, and accident scene documentation.

From this, the attorney prepares a demand letter. This is a formal written request to the at-fault party’s insurer that outlines liability and the full scope of damages. It is where most personal injury settlement negotiations begin.

Filing the Lawsuit and Serving the Defendant

When negotiation does not produce a fair settlement, the next step is filing a formal lawsuit with the court. The lawsuit identifies the parties, the legal basis for the claim, and the damages sought. Service of process delivers the complaint to the defendant.

Filing deadlines vary by state, and the general rule for many personal injury claims is:

• Virginia: Two years from the date the cause of action accrues.
• North Carolina: Three years for injury to the person.
• South Carolina: Three years in many personal injury actions.

These deadlines are important, but some claims may involve exceptions, tolling rules, or different filing requirements depending on the facts and the type of case. Speaking with an attorney as early as possible can help you avoid missing a deadline that applies to your situation.

What Happens After a Personal Injury Lawsuit Is Filed

Once the complaint is filed, the case enters a structured process designed to build the factual record and push both sides toward resolution.

The Discovery Phase

Both sides exchange information pursuant to the rules of the corresponding state court system. This includes interrogatories (written questions answered under oath), depositions (recorded in-person testimony), and requests for production of documents.

The personal injury discovery process builds the factual record that determines settlement value. It can take several months depending on case complexity and injury severity.

Negotiation and Mediation

After discovery, the parties typically enter formal settlement negotiations or court-facilitated mediation. A neutral mediator works with both sides to reach an agreement.

The personal injury settlement process resolves the vast majority of cases at this stage. Settling through negotiation or mediation means a faster resolution and lower legal costs for the injured party.

How Negligence Laws Affect Your Personal Injury Claim

State negligence laws can directly affect whether you may recover compensation and how damages are calculated.

• Virginia generally follows contributory negligence. In many negligence cases, if an injured person is found even slightly at fault, recovery may be barred.
• North Carolina also generally follows contributory negligence. In limited circumstances, doctrines such as last clear chance may affect how that rule applies.
• South Carolina follows modified comparative negligence. An injured person may recover damages when their negligence is not greater than the defendant’s negligence, and any recovery is reduced in proportion to their share of fault.

Mistakes That Can Hurt Your Personal Injury Case

Insurance adjusters may look for reasons to reduce or deny your claim. These are the most common errors that give them what they need:

• Waiting too long to see a doctor after the accident. Gaps in medical records undermine the connection between the injury and the incident.
• Giving a recorded statement to the other party’s insurance company without speaking to an attorney first. Adjusters can use your words to reduce what you recover or even deny the claim.
• Posting about the accident or your injuries on social media. Insurance companies may monitor public accounts and use posts against claimants.
• Accepting an early settlement offer before understanding the full extent of your injuries and future medical costs.
• Missing the statute of limitations deadline. In Virginia, that window is two years. In North Carolina and South Carolina, three years. Once it closes, the claim is gone.

Why Choose Marcari, Russotto, Spencer & Balaban for Your Personal Injury Case

Marcari, Russotto, Spencer & Balaban has represented injured clients across Virginia, North Carolina, and South Carolina for decades. Our firm brings more than 200 years of combined legal experience to personal injury claims, with attorneys who know how insurers in each state operate and what it takes to hold them accountable.

Senior Managing Partner Don Marcari, a former U.S. Navy JAG Corps attorney, has handled more than 200 jury proceedings, including cases against Ford, Firestone, and major national trucking companies. Our firm operates 15 offices across three states, and attorneys travel to clients. There is no fee unless we recover compensation.

Client Testimonials

“I could have pursued bodily injury damages alone from the motorcycle accident, but I’m so glad I didn’t. Don Marcari was easy to work with, and both he and his entire team had my back through the entire process. Additionally, they communicated often with me to keep me posted on progress. Don knows BI law, and he put the other party’s insurance company in check. Trust me, you will want Don in your corner if you or a loved ever find yourself in need of a bodily injury attorney. I am incredibly appreciative of Don Marcari and his entire team at MRSB!” — Rod W.

“I am very impressed with the services I have received thus far. Madison has been amazing to work with and has been accessible and has answered all of my questions in a timely manner, expertise, and respect! I recommend this firm to anyone who may need their services! You will not be disappointed!” — Cindy O.

Frequently Asked Questions About the Personal Injury Lawsuit Process

How Long Does a Personal Injury Lawsuit Take?

Timelines vary by case. Simpler claims may resolve in a few months or less through pre-suit settlement. Cases that require formal litigation, full discovery, and mediation can take one to two years. Factors include case complexity, severity of injuries, and the state court schedule.

How Much Does a Personal Injury Lawyer Cost?

Most personal injury attorneys work on a contingency fee basis, including Marcari, Russotto, Spencer & Balaban. There is no upfront cost, and the attorney collects a fee only if we recover compensation. Contingency fees are typically a percentage of the recovery.

Can I File a Personal Injury Lawsuit Without a Lawyer?

Legally, yes. Practically, it carries significant risk. Insurance companies have legal teams whose job is to minimize payouts. An unrepresented claimant faces a serious disadvantage in negotiation, procedural compliance, and calculating the full value of damages.

What Is the Statute of Limitations for a Personal Injury Claim?

Filing deadlines vary by state. Virginia allows two years from the date of injury. North Carolina and South Carolina each allow three years. Missing the deadline permanently bars the claim. In Virginia and North Carolina, contributory negligence rules add further risk if you wait to consult an attorney.

What Documents Do I Need to File a Personal Injury Lawsuit?

Key documents include:

• Police or incident report
• Medical records and bills
• Proof of lost wages (pay stubs, employer letter)
• Photographs of injuries and the accident scene
• Insurance correspondence
• Witness contact information

Your attorney gathers and organizes these during the investigation phase.

Do Most Personal Injury Cases Settle Out of Court?

Yes. The vast majority of personal injury cases resolve through negotiated settlements. Settlement can happen at any stage: during pre-suit negotiation, after filing, or during mediation. Early attorney involvement strengthens your position in each of these stages.

What Damages Can I Recover in a Personal Injury Case?

Damages fall into two categories. Economic damages cover medical expenses (past and future), lost wages, reduced earning capacity, and property damage. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.

The total depends on the severity of the injury, the strength of the evidence, and the applicable state law.

Speak With a Personal Injury Attorney at Marcari, Russotto, Spencer & Balaban

If you have been injured because of someone else’s negligence, do not wait for the insurance company to set the terms. The filing deadline may be closer than you think.

Call Marcari, Russotto, Spencer & Balaban at 855-435-7247 or reach out through the contact form. The consultation is free, and our firm charges no fee unless we recover compensation.