Fredericksburg Car Accident Lawyer
Choose a Fredericksburg Car Accident Lawyer for Help With Your Car Accident Claim
Car accidents occur daily in Fredericksburg and its surrounding areas, and many of them dramatically alter the lives of collision victims. From traumatic brain injuries to spinal cord damage to broken bones, the experienced Fredericksburg car accident lawyers at Emroch & Kilduff have seen it all.
A common misconception is that filing a claim for damages following a car accident is an easy task. While this certainly is an understandable conclusion, reality often proves very different. Attempting to do so via an insurance claim can be a daunting challenge.
One thing that you should bear in mind is that insurance companies are in business for a primary reason, and that is to make money for their shareholders. They increase the bottom line by limiting the amount of money paid out on claims. That major purpose often runs counter to the legitimate needs of a car accident victim.
As a consequence, insurance companies are adept at employing tactics that confound people who have filed valid claims. Insurers do everything from attempting to delay a settlement to unduly speeding up the whole process. No matter the specific strategy, the result is to pressure injured victims like you into settling a claim below the amount they are entitled to.
The claims settlement process becomes even more daunting for an injured person if more than one party may be responsible for causing or contributing to an automobile accident. In addition, pursuing compensation with your own car insurance company can become a herculean task when an uninsured motorist causes a collision.
The Fredericksburg car accident lawyers at the law offices of Emroch & Kilduff stand ready to protect your legal rights and to fight for justice in your case. Our automobile accident attorneys understand the ins and outs of navigating the state’s court system. We have significant experience in dealing with even the most obstinate insurance adjusters and deft insurance company attorneys. To request a free consultation, call us any time at (804) 358-1568 or visit our convenient Fredericksburg office.
Cases We Have Worked On
Our talented Fredericksburg car accident attorneys have been practicing law for many years, and our law firm has been representing people in Fredericksburg and throughout the state since 1970.
- A $1.25 million award for a motorcyclist who lost his leg and fractured his pelvis after he was struck by a vehicle
- A $3.85 million award for a plaintiff who suffered a traumatic brain injury and multiple fractures requiring surgery
- A $1.75 million settlement for a plaintiff whose car was struck by a pick-up truck
- A $9 million settlement for a plaintiff who was involved in a T-bone accident and lost one of his legs
Types of Car Accident Cases Our Law Firm Handles
The Fredericksburg automobile crash lawyer team at our firm represents injured people in a wide range of different types of cases.
- Rear-end crashes: Those involved in rear-end crashes often assume that the following driver is at fault, which means if that driver is injured, she or he may be barred from recovering damages. However, we know how untrue this is. While the rear driver may often be at fault, drivers who are struck from behind can also be the cause of the accident. For example, a motorist who drives with faulty brake lights or who cuts too closely in front of another car when changing lanes may be the party at fault.
- Head-on collisions: Head-on collisions are statistically the deadliest of accidents. In many cases, head-on crashes occur because a driver was traveling in the wrong direction or drifting into a lane of oncoming traffic.
- Sideswipe crashes: Sideswipe crashes happen when the side of one vehicle swipes or bumps into the side of another. This is frequent during lane changes. Sometimes, a sideswipe can lead to a driver’s overcorrection, which can then cause a rollover collision. Our firm has experience handling both rollover and sideswipe cases.
- T-bone accidents: T-bone collisions occur when the front of one vehicle hits the side of another. This can cause very serious injuries for both drivers and any passengers. T-bone accidents usually occur in intersections and often as a result of one driver running a red light or stop sign.
- Distracted driver accidents: Distracted drivers cause some of the most common car accidents. Despite laws and ordinances restricting certain types of activities by drivers, these motorists engage in many dangerous activities when at the wheel. These include talking on the phone, texting, eating, drinking, adjusting the radio, using the GPS, and other similar types of distracting activities that jeopardize the safety and well-being of other motorists and pedestrians.
- Intoxicated and impaired driver accidents: Although the state has enacted harsh penalties for driving while intoxicated, an alarming number of motorists drive while under the influence of alcohol or drugs. Drunk drivers kill hundreds of people each year on state roadways, according to the U.S. Centers for Disease Control and Prevention, with 2,631 fatalities in one year caused by drunk driving accidents alone.
- Reckless driver accidents: Another primary cause of Fredericksburg motor vehicle accidents are those involving reckless driving, such as driving well over the speed limit, particularly in school areas and highway construction zones. It also involves failing to abide by stop signs and signals at intersections, improper lane changes, and other reckless maneuvers.
Recovering Compensation After an Auto Accident in Fredericksburg
Because Fredericksburg is in an at-fault state, you have three options for recovering compensation after a crash.
- File a claim with the at-fault driver’s bodily injury or/and property damage liability insurance: While many policies provide for more coverage, drivers in the state are required to carry a minimum limit of $25,000 in bodily injury liability insurance per person, $50,000 in bodily injury liability per accident, and $20,000 in property damage liability per accident.
- File a lawsuit directly against the at-fault party: You will need to prove all the elements of a personal injury claim, including negligence, causation, and damages.
- File a claim with your own insurance provider: This is an option if the other driver was uninsured and you carry uninsured/underinsured motorist coverage, or if you suffered injuries and carry medical payments coverage.
- The state’s at-fault car accident laws are very important to keep in mind when you are seeking damages. Unlike a no-fault car insurance state, you must prove fault to recover compensation for your damages.
How to Establish Fault in a Car Accident
To successfully prove fault in a car accident claim, you will need to establish that the other driver was negligent.
To do so, you will need to prove four different facts:
- The other driver owed you a duty of care: Any driver on the road has a duty of reasonable care to drive in a way that avoids injury to others.
- The driver breached that duty of care: If the other driver was driving recklessly, was intoxicated, or was otherwise driving in a way that a reasonable person would not, they have effectively breached that duty of reasonable care.
- You suffered losses: You must prove that you suffered some form of harm in the accident, whether this harm involves injuries requiring costly treatment, missed work, pain and suffering, or property damage.
- The injuries you suffered were caused by the breach of duty: You must be able to prove that the damages you suffered were caused by the other driver’s conduct.
If you believe that the other driver was responsible for your car accident and want to pursue a claim or a lawsuit, we can help you to prove that the other driver was negligent by:
- Gathering testimony from eyewitnesses
- Sending spoliation of evidence letters to any relevant parties
- Reviewing EMC, or “black box,” data
- Requesting copies of police reports
- Taking photos of damages
- Deposing the other driver
- Freedom of Information Act requests
Making Your Case Starts at the Scene of a Fredericksburg Car Accident
The reality is that making a successful claim for compensation after a Fredericksburg car accident begins at the collision scene itself. Of course, the first step following an automobile accident is to address your own injuries and those of other people involved in the incident. Your injuries may be such that you are not in a position to document the accident scene.
The police need to be present at the scene of an accident involving injuries. You need to make certain that you have access to the police report when it becomes available. As a result, you need to obtain the name, badge number, and contact information of at least one of the responding police officers.
You also need to make certain that contact and insurance information is exchanged between you and the driver who caused the accident. If more than one other motorist is involved in a car accident, you must exchange contact and insurance information with all of them.
In an ideal situation, you will want to photograph or take video of the accident scene directly after the incident. Take photos or video from as many different vantage points as possible. In addition, you should take photos or video of any injuries you sustained whenever possible.
If you are able, you will need to collect the names and detailed contact information from any witnesses to the accident as well. A brief statement from each witness should be gathered. Making witness statement videos with a smartphone is ideal if those who saw the accident are willing to do so.
We have a team of professionals who help us throughout the process and who are skilled at organizing all documents and evidence collected. We know how important evidence is; we handle everything with an extraordinary amount of care.
We can also coach you through talking about your car accident with an insurance adjuster. One big mistake that car accident victims make is admitting fault or saying something that sounds like an admission of fault such as “I’m sorry” or “I should have been paying more attention.” These statements can damage your case.
In addition to representing you in discussions with the insurance adjuster, we can also help you estimate damages, determine whether a settlement offer is fair, negotiate a settlement, and understand your options if a settlement cannot be reached.
Common Types of Car Accident Injuries
Every car accident is different. Despite the unique nature of an automobile accident, some types of injuries are more common than others:
- Traumatic brain injury: TBIs are often debilitating and highly expensive to treat. Lifetime treatment costs from traumatic brain injuries can range from $85,000 to $3 million.
- Injury to internal organs: Internal organ damage is costly, with treatments that can reach over $100,000.
- Broken bones: A visit to the emergency room for a broken bone can cost around $2,500.
- Spine Injuries: Spinal injuries can cause paralysis and often require long-term care. The cost of treating spine injuries can reach up into the millions.
- Neck injuries: Whiplash is a very common injury in car accidents, and treatment for it can cost up to $30,000 depending on your specific situation.
Compensation in a Fredericksburg Car Accident Case
The amount of damages available to a Fredericksburg accident victim depends on the facts and circumstances of the collision and the nature and extent of injuries. In a successful car accident claim, you may be able to collect damages for:
- Physical injuries
- Physical disability
- Pain and suffering
- Emotional distress
- Lost wages due to missed work
A Fredericksburg Car Accident Lawyer Answers Your Questions
When you leave your home and head to work or to run errands, you fully expect to return safely. Unfortunately for some Fredericksburg area residents, that does not always happen. No matter the cause of the car accident, when you or a loved one suffers injuries, you feel frustration and anger, but you also may fear the unknown. What comes next? How do you pay your bills? Will you ever return to work?
All of these questions have merit, and they can all negatively impact your ability to recover from your injuries. You increase your chances of making a full recovery by working with a skilled and experienced Fredericksburg car accident injury attorney. Your lawyer can help you file your claim and guide you through what comes next, giving your comfort that your case is in excellent hands.
Why do I have to file a Fredericksburg car accident claim?
When you suffer injuries in a car accident, the only way to collect compensation for your injuries is by filing a Fredericksburg car accident claim. That may seem simple enough, but you have to show certain elements of fault to prove the other driver is responsible for your accident and injuries.
You must prove:
- The other driver owed you a duty of care to drive in a reasonably safe manner.
- The other driver breached that duty of care by driving unsafely or in a negligent, reckless, or careless manner.
- Because of the other driver’s unsafe driving, an accident occurred, and you suffered injuries and damages.
Again, this might seem simple, but the car accident claims process involves great complexities and strict timelines. Besides that, just because you know the other driver caused your accident does not mean that it will be easy to prove, especially if the other driver or his or her insurance company puts up a fight.
That’s why you need a seasoned car accident injury attorney in Fredericksburg at your side, managing your claim. Your lawyer will fight hard to protect your rights and maximize your compensation.
How much is my Fredericksburg car accident claim worth?
Without fail, this is the most frequently asked question we get from clients.
As with many legal questions, the answer depends on many factors unique to your case, such as:
- How severe are your injuries?
- How much time did you spend in the hospital?
- Do you have more surgeries?
- Will you be out of work for extended periods of time?
- Will you require rehabilitation to recover?
- Are your injuries so severe that you may never fully recover?
These questions, and many more, are questions that we will work hard to answer.
Generally, the more severe your injuries, the more valuable your claim. In car accident cases, we generally try to collect compensation for:
- Pain and suffering
- Emotional distress
- Lost wages
- Lost earning potential
- Loss of companionship
- Loss of life enjoyment
- Present and future medical bills
- Rehabilitation costs
You have a greater financial burden than just your medical bills. While your medical expenses will require a large sum of money to cover, especially if you experienced long hospital stays or surgeries, you must also note other areas of financial burden. When your injuries are so severe that you have to spend time out of work, you may not have the necessary income to pay your bills.
However, if you did not cause the car accident, you should bear none of the responsibility of shouldering the financial burden. Rather, that should fall squarely on the shoulders of the at-fault driver.
Over two-thirds of all Americans who file for bankruptcy each year do so because of medical expenses. When you suffer injuries in a car accident, you need to hold the at-fault driver accountable, so you do not become a statistic. Your financial well-being is at stake along with your physical well-being. Working with a knowledgeable car accident injury attorney in Fredericksburg gives you the best chance of making a complete physical recovery while ensuring that your financial recovery also receives the proper attention.
Do I have to file my Fredericksburg car accident claim soon?
Yes. In Virginia, you only have two years from the date of your car accident to bring a Fredericksburg car accident claim against the negligent driver. You might think two years is a long time, but when you spend that time in the hospital, in and out of doctor’s offices, going to rehabilitation, and not working, that time will fly by.
When you work with an experienced Fredericksburg car accident lawyer, you can have your chosen legal team working hard to collect every dollar you deserve, while you focus all of your effort and energy on your physical recovery. You do not have to wait until you recover to start the legal process. In fact, it’s better if you do not wait.
Why do I need a Fredericksburg car accident lawyer?
Your lawyer is your guide on your path to financial recovery, and the lawyer you choose can make a difference in the success of your car accident claim. Your lawyer can investigate your car accident, speak with witnesses before they forget what they saw, speak with expert witnesses, review police and medical records, negotiate with insurance companies on your behalf, and represent your best interests at trial, if that’s what is required to maximize your recovery.
Your life and your well-being depend on your ability to recover damages for your injuries. Trust this awesome responsibility to only a lawyer with proven results.
Last year, 999 car accidents in Fredericksburg resulted in 1,040 injuries. In these crashes, injuries ranged from mild cuts and bruises to loss of life.
If you or a loved one has suffered an injury in a car accident, you want an attorney who can guide you through the complex car accident claims process and help you maximize your financial recovery, so you can get back to your regular life. Speak with a trusted Fredericksburg car accident attorney at Emroch & Kilduff today.
Contact Our Fredericksburg Car Accident Lawyers Today
At Emroch & Kilduff our job is to make sure that our clients receive the competent legal representation that they deserve and leave with a settlement or jury award that addresses the extent of their losses. The legal team at our firm understands how significantly a car accident can alter the course of your life. We also understand that we can help obtain reasonable justice when we fight for suitable compensation for a client who was injured in a car accident in Fredericksburg.
If you’ve searched for a “car accident lawyer with a free consultation near me,” our experienced team is available. In addition, we will not charge you for the legal services that we have provided if we are unable to recover compensation on your behalf. To learn more, contact us today at (804) 358-1568 or visit us at our conveniently located Fredericksburg office so that you can tell us more about what you are going through and the legal assistance that you need.
“Emroch & Kilduff what a excellent firm. Everyone was professional they stayed in contact with me, kept me up to date on my case. I was pleased with the outcome . I would recommend Emrock & Kilduff they will fight with you and for you.”
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