Fredericksburg

Emroch & Kilduff

10460 Hilltop Plaza Way
Spotsylvania Courthouse, VA 22553

Phone: (540) 898-2882

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Virginia Personal Injury Attorney Serving Clients Throughout Fredericksburg

Personal Injury Lawyer in Fredericksburg VirginiaWhen you are heading to work in Fredericksburg on a weekday morning or dropping off your child at an extracurricular activity on the weekend, you likely are not thinking about the risks of being involved in a car crash or another type of accident. Yet accidents happen too often in Virginia and throughout the country. Many of these incidents could be avoided if people were more careful. When another party’s negligence results in a serious accident that causes injury to another person, personal injury law allows the injured person to hold the responsible party accountable.

But if you have been injured because of someone else’s negligence, you may feel overwhelmed by the idea of finding a lawyer. The truth is, there are a lot of attorneys in the D.C. area. How do you choose? If you’re in Fredericksburg you should know the choice is easy: there is a top-notch personal injury firm with experienced lawyers right here.

The Emroch & Kilduff Difference

The Law Offices of Emroch & Kilduff has four offices, eight attorneys, and more than 20 legal team members who are ready to help our clients get the compensation they are entitled to, in order to move forward with life after a personal injury. Our firm represents personal injury victims in state and federal courts, and we work with a national network of experts who have the professional knowledge and expertise to support our clients’ claims.

Our firm is committed to obtaining the best outcomes possible for our clients, and our lawyers understand the incredible physical, financial, and emotional challenges that can come from being injured. We will travel to meet with clients in their homes, the hospital, or in long-term care facilities. Our job is to counsel and advocate for our clients, and we take that responsibility seriously.

Why Call Emroch and Kilduff if You Suffered a Personal Injury?

Emroch & Kilduff has worked for victims since 1970, including clients who have been injured by motor vehicle accidents, defective products, medical malpractice, aviation or railroad disasters, or at work.

We have obtained settlements and verdicts for our clients, including:

  • $1.65 million in a medical malpractice case for the failure to timely diagnose and correct a bowel perforation.
  • $1.02 million for a passenger fatality due to negligent operation of a motor vehicle.
  • $1.25 million for a motorcyclist who lost his leg in a motor vehicle collision.
  • $1 million for a cancer patient due to medical malpractice.

While past results are not a guarantee of future outcomes for new claims, these examples show that our lawyers have a strong record of success, and demonstrate our commitment to effectively advocating for our clients.

If you or a loved one has been injured because of someone else’s negligence, you may be coping with substantial amounts of stress. You may be worried about lost income, property loss, and mounting medical bills. Contact Emroch & Kilduff for a free consultation at (804) 358-1568 or online and learn if we can help you.

The Role of Negligence

When we are driving, or when we invite people into our businesses or homes, we owe others a duty of care. Likewise, we expect that when we buy a new product at the store or visit the doctor’s office for a medical procedure, we will not sustain an injury due to an accident or a mistake. If someone is negligent—meaning that she or he fails to exercise reasonable care—and causes another person to get hurt, the responsible party may have to pay damages. An experienced Fredericksburg personal injury attorney can tell you more.

Areas of Practice

At Emroch & Kilduff, we have years of experience assisting clients in Virginia with a wide variety of personal injury lawsuits. We handle numerous types of personal injury cases, including:

  • Brain and spinal cord injuries. The most catastrophic and costly injuries are often to the brain and spinal cord. Our lawyers help victims recover damages for medical costs, lost income, loss of earning capacity, pain and suffering, and long-term care.
  • Delayed diagnosis and wrongful diagnosis. Wrongful diagnosis represents over a quarter of all healthcare provider mistakes. Anytime a medical professional fails to diagnose an illness or condition, or has misdiagnosed it, the patient may suffer serious consequences from improper or delayed treatments. We have helped clients recover damages caused by wrongful diagnosis, and we may be able to help you too.
  • Automobile accidents. Reckless and negligent drivers are a threat to everyone who uses the roads. We have represented victims who have been injured in rear-end collisions, head-on collisions, side-swipe crashes, and T-bone accidents.
  • Truck accidents. Interstate 95 and US-1 give Fredericksburg residents access to the Washington D.C. area. Unfortunately, these and other busy roadways in the region commonly become the scene for large commercial truck accidents. Injuries from truck accidents can be catastrophic. If you or a loved one have been injured by a truck accident, we may be able to help recover your damages.
  • Motorcycle accidents. Motorcycle riders are at greater risk than other motorists for serious accident injuries and fatalities. Riders who have suffered injuries because of negligent or reckless drivers, product defects, or poorly maintained roads may be entitled to compensation for their damages. We offer a free consultation to discuss the details of your case.
  • Medical malpractice. When a healthcare professional is negligent their patient may have a medical malpractice claim. We are experienced in helping victims of medical malpractice, and have recovered damages including medical expenses, long-term care, lost wages, and pain and suffering.
  • Products liability. Product defect cases can be complex, with potentially multiple liable parties. If you have been injured by a product, speak to a personal injury lawyer and learn more about your rights and potential claims.
  • FELA and related railroad accidents. Derailments, faulty railroad crossing lights and barriers, and human error are just some of the common causes of train accidents, and the resulting injuries for passengers, employees, bystanders, and motorists can be catastrophic. Our lawyers have experience in train accident cases and getting the best possible outcomes for victims.
  • Federal claims under the Federal Torts Claims Act (FTCA). If you suffered an injury on public property due to the negligence of a federal employee or entity, you may have a claim under the FTCA. However, pursuing compensation from the government is not the same as suing a private party, and so federal tort claims can be difficult to navigate alone. Speak to a personal injury lawyer to ensure your potential opportunity to recover damages is protected by following all relevant procedures.
  • Aviation crashes. Successfully litigating claims caused by aviation disasters, airplane accidents, and air travel requires the use of qualified experts. Our firm uses a national network of experts who have professional and industry knowledge in aircraft function and safety, Federal Aviation Administration regulations, and the rules pertaining to aviation litigation.
  • Workers’ compensation. Laws protect workers from unfair treatment in the event of on-the-job injuries, yet some employers and insurance companies will seek to limit the compensation and benefits injured workers should rightfully receive. We can help with the process of filing a workers’ compensation claim, and we will advocate for our client’s rights when compensation is inadequate or denied.
  • Bus accidents
  • Bicycle accidents
  • Wrongful death
  • Pedestrian accidents
  • Farming accidents
  • Firearm accidents
  • Slip and fall accidents and other premises liability lawsuits
  • Workplace injuries
  • Bus accidents
  • Boat accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Farming accidents
  • Firearm accidents
  • Slip and fall accidents and other premises liability lawsuits
  • Workplace injuries
  • Wrongful death

 

 

Common Injuries in Virginia Personal Injury Cases

Each personal injury lawsuit contains its own particular set of facts, but there are certain injuries that are commonly seen. At Emroch & Kilduff, we help clients who have sustained injuries in motor vehicle accidents, slips and falls, product defect cases, medical malpractice, and other situations that give rise to personal injury lawsuits. Common injuries in these cases include, but are not limited to:

  • Traumatic brain injury (TBI)
  • Spinal cord injury (SCI)
  • Fractures or broken bones
  • Back and shoulder injuries
  • Facial lacerations
  • Amputations
  • Disfigurement
  • Paralysis
  • Burn injuries

How Long Do I Have to File a Personal Injury Lawsuit in Fredericksburg?

It is important to be aware of the statute of limitations for personal injury lawsuits in Fredericksburg, Virginia. Typically, the Virginia statute of limitations for most personal injury lawsuits is two years. This means that most plaintiffs must file a lawsuit within two years from the date of their injury. If a plaintiff misses this statutory window, she no longer can bring a lawsuit to recover damages. Exceptions sometimes exist. If you sustained an injury a number of years ago but only recently discovered the harm, you still may be able to file a personal injury claim. You should discuss your options with a Fredericksburg personal injury lawyer.

Damages Awarded in Fredericksburg Personal Injury Lawsuits

In Virginia personal injury cases, plaintiffs typically are eligible for two different types of compensatory damages. Both are designed to compensate the victim for his or her losses, but they compensate different types of losses:

  • Economic damages compensate a plaintiff for financial losses that are objective in nature, such as medical bills or lost wages.
  • Noneconomic damages compensate a plaintiff for intangible losses that are subjective in nature, such as pain and suffering or the psychological harm of disfigurement.

In some cases, personal injury plaintiffs also can be awarded punitive damages. Under Virginia law, punitive damages are awarded only when the plaintiff’s conduct is especially harmful and egregious. If punitive damages are awarded, Virginia law imposes a cap on these damages at $350,000.

Contributory Negligence as a Bar to Recovery in Virginia

Did you engage in some type of behavior that might have contributed to the accident or to your injuries? For instance, if you are filing a car accident lawsuit, did you fail to put on your turn signal prior to being hit by another car? In Virginia, there is a system known as contributory negligence. This means that no person in Virginia is entitled to recover damages if he or she was in any way negligent in terms of causing the injury or increasing the severity of the injury. In other words, even if a jury determined that the defendant was 99 percent at fault and the plaintiff was 1 percent at fault, the law would still bar the plaintiff from recovering any damages.

There are only a handful of states that still employ this “pure contributory negligence” rule, but as long as it remains law in Virginia, plaintiffs should know that they will be barred from recovery if they contributed at all to their own injuries. An experienced Fredericksburg personal injury attorney can help prevent you from unfairly being blamed for contributing to your injury.

Types of Personal Injury Cases We Handle

Personal injuries can happen in accidents when we least expect them. When they do, it is important to have a dedicated Fredericksburg personal injury lawyer on your side. After a serious accident, it can be difficult and often impossible to return to work. At the same time, your injuries likely require significant medical treatments, follow-up appointments, prescription drugs, and rehabilitative therapy. When you owe a lot of money in medical costs and are also unable to work, the financial strain can be extremely upsetting. This is especially true if you are the primary earner in your family. At Emroch & Kilduff, we are committed to helping you obtain compensation for your losses.

Personal injuries are painful, both physically and emotionally. Let a Fredericksburg personal injury attorney help you seek the compensation you deserve.

Contact a Personal Injury Attorney in Fredericksburg

Personal injury law can be quite complicated, so it is important to have a personal injury attorney in Fredericksburg on your side to advocate for your right to compensation. Contact Emroch & Kilduff today or call us at (804) 358-1568 to learn more about how we can help with your case.

Where We Are

Our Fredericksbug office is located at 10460 Hilltop Plaza Way, north of Courthouse Road and just off of Leavells Road.

Nearby Banks

Wells Fargo Bank

10424 Courthouse Road

Union Bank & Trust

10415 Courthouse Road

Virginia Community Bank

10645 Courthouse Road

Nearby Restaurants

China Wok Restaurant & Sushi Bar

10617 Courthouse Road

China House Restaurant

10414 Courthouse Commons Boulevard

Scafa’s Italian Restaurant

10349 Courthouse Road, Spotsylvania Courthouse

Castiglia’s Italian Restaurant & Pizzeria

10705 Courthouse Road

Nearby Shopping

Spotsylvania Towne Centre

137 Spotsylvania Mall

Central Park

1340 Central Park Boulevard

Giant Food

10346 Courthouse Road

Nearby Hotels

The Essex Inn

203 Duke Street

Holiday Inn Express & Suites Tappahannock

1648 Tappahannock Blvd

Budget Inn

823 South Church Lane

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