Emroch & Kilduff
10460 Hilltop Plaza Way
Spotsylvania Courthouse, VA 22553
Phone: (540) 898-2882
Virginia Personal Injury Attorney Serving Clients Throughout Fredericksburg
When 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.
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
- 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.
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.
Fredericksburg Personal Injury FAQs
Accidents happen all the time, and oftentimes, they result in serious injuries or even death. If you’ve sustained an injury in an accident in Fredericksburg, you should contact an experienced personal injury attorney as soon as possible to determine your eligibility to seek compensation. Reach out to Emroch & Kilduff today to discuss the details of your accident and injuries.
What is personal injury law?
Personal injury law is the branch of law that deals with, to quote a legal dictionary, an injury “not to property, but to the body, mind, or emotions.” If someone else’s actions or inaction have caused your body, mind, or emotions to suffer injuries, you need to talk to a personal injury lawyer, just as you might discuss a tax situation with a tax lawyer.
The other primary concepts in personal injury law are negligence and liability. Negligence occurs when someone acts unreasonably and causes injury to someone else. It’s easiest to consider an example. A store owner must keep the store safe for patrons, which means it should be clean and free of obstacles over which patrons might trip. Employees should stock goods in such a way that they won’t topple on any patron’s head. All of those factors constitute the store owner’s duty of care.
Let’s say that a spill on a grocery store floor goes unmopped for an unreasonable amount of time, nobody sets out a warning sign, and a shopper falls, dislocating a shoulder and sustaining a head injury. The failure to make the store safe violates the store owner’s duty of care toward the patron. In other words, it constitutes negligence. (The store owner must train staff members adequately, so they know to uphold the duty of care as well.)
The patron suffers physical harm, in a dislocated shoulder and a head injury. These injuries require medical treatment. The patron also suffers pain, which affects the mind and emotions.
Now, what of liability? Because the injuries occurred as a result of a violation of the duty of care, the store’s owner is financially responsible for the harm done to the patron. In legal terms, that financial responsibility is called liability.
What does a Fredericksburg personal injury lawyer do?
A personal injury lawyer performs multiple services for an injured person.
First, an attorney can explain the concepts of personal injury, negligence, and liability.
Second, and more importantly, an attorney can pursue compensation for individuals who suffer harm through the actions of negligent parties, whether people or companies. Personal injury law largely consists of obtaining just financial compensation for harm suffered because of negligence.
Personal injury lawyers pursue this compensation through several means. They can negotiate with insurance companies for a fair claim on your behalf. This can result in a significant benefit to injured people, because far too often, insurance companies want to minimize their payouts to injured people.
Lawyers can also bring personal injury suits in civil court. Personal injury lawsuits often commence when insurance companies don’t agree to a fair claim payout or may even begin without insurance company involvement.
Third, lawyers can help determine who or what caused an injury or other harm. Personal injury lawyers often work with investigators to determine how an accident or event happened, for example.
As you can imagine, sometimes, the facts surrounding an injury, illness, or other harm are in dispute. At-fault parties frequently try to claim that they didn’t bear responsibility or try to blame someone or something else. An investigation provides clear evidence.
Fourth, lawyers can help compile evidence and expert testimony providing proof of cause, nature and extent of the victim’s injuries, and more. Investigators are not the only source of evidence, and personal injury lawyers know that there are many other sources, including police reports, medical reports, expert discussion, and more.
Fifth, personal injury lawyers can help victims arrive at a clear determination of how much the injury will ultimately cost them. Sometimes, this involves adding together expenses, such as doctor’s bills, where the bills are complicated and extensive. At other times, it may require determining how much the harm has affected the victim’s life and livelihood.
What cases can your Fredericksburg personal injury lawyers help me with?
Personal injury lawyers pursue compensation for victims of a wide variety of accidents, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Boat accidents
- Bus accidents
- Airplane accidents
- Transportation accidents
- Railroad accidents
- Pedestrian accidents
- Premises liability (slip and fall and other events in companies or private homes)
- Product liability (injuries and harm caused by products)
- Medical malpractice
- Nursing home abuse, accidents, or illness
- Construction accidents
What compensation can I receive in a Fredericksburg personal injury case?
Victims can seek compensation if the following areas in Virginia:
- Medical bills, both past and present, including emergency room transport and treatment, hospitalization, surgery, doctor’s office visits, diagnostic tests (X-rays, MRIs), assistive devices, prescriptions, and more
- Wages lost from work, if the victim’s injuries require time off work
- Lifetime value of earnings, if the victim is too disabled to return to previous work
- Personal property damage
- Pain and suffering, for physical, emotional, and mental suffering
What if my loved one died in a Fredericksburg accident?
Tragically, some people don’t survive their injuries after an accident. If that’s happened, certain family members (or the estate) are allowed to bring a type of suit known as wrongful death.
Initially, the right to file such a claim rests with surviving spouses, surviving children, and surviving grandchildren. If none of these exist, surviving parents, siblings, and dependents may bring a wrongful death suit. If none of these exist either, the next inheritor under Virginia estate law has a right to file a claim.
A suit may seek damages on the part of:
- The surviving spouse, children, or grandchildren
- The surviving parents and siblings, or any relative who shares the decedent’s household and is a dependent of the decedent, and
- Any surviving family member entitled to inherit the estate of the decedent under Virginia law
The parties above can seek damage compensation for the following damages:
- Medical expenses related to the decedent’s final illness or injury
- Reasonable funeral and burial expenses
- Value of lost wages and benefits, including those the decedent could reasonably have expected to receive if he or she had lived
- Sorrow and mental anguish
- Loss of the decedent’s care, comfort, guidance, companionship, society, and advice
- Punitive damages, in rare cases
How much do your Fredericksburg personal injury lawyers cost?
You do not pay our personal injury lawyers out of your pocket. We receive compensation based on the compensation that their clients receive from at-fault parties. When insurance companies settle a claim or a court awards you compensation, our Fredericksburg personal injury lawyers take a contingency fee, or a percentage of the compensation amount.
Our Fredericksburg personal injury lawyers also offer completely free initial consultations to discuss your case.
For more information, contact Emroch & Kilduff today to speak with an experienced Fredericksburg personal injury attorney.
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 Fredericksburg office is located at 10460 Hilltop Plaza Way, north of Courthouse Road and just off of Leavells Road.
- Wells Fargo Bank: 10424 Courthouse Road
- Union Bank & Trust 10415 Courthouse Road
- Virginia Community Bank 10645 Courthouse Road
- 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
- Spotsylvania Towne Centre 137 Spotsylvania Mall
- Central Park 1340 Central Park Boulevard
- Giant Food 10346 Courthouse Road