Emroch & Kilduff
2557 S Crater Rd
Petersburg, VA 23805-2400
Phone (804) 862-3600
Petersburg, Virgina Injury Lawyers
At Emroch & Kilduff, our team has been representing injured victims in Virginia for nearly five decades. We are committed to helping victims seek the financial compensation they need and deserve. Our firm provides each one of our clients with personalized attention and focus. If you or a loved one was injured because of the negligence of another party, we can help.
From our office in Petersburg, our compassionate personal injury lawyers represent victims in the city of Petersburg and throughout the South Side of Virginia, including Fort Lee, Prince George, Colonial Heights, Dinwiddie, Surry, and Sussex. To find out more about what our team can do for you and your family, please call our Petersburg office today at (804) 358-1568 to set up a free, no-obligation review of your claim.
Types of Personal Injury Cases We Handle
Over the years, our personal injury lawyers have handled virtually every type of accident case. No matter the circumstances of your claim, we are prepared to help you. Here is a small sample of the Virginia personal injury cases we frequently handle:
- Car accidents
- Pedestrian accidents
- Bike accidents
- Tractor trailer accidents
- Bus accidents
- Boat accidents
- Plane crash cases
- Railroad accidents
- Burn injuries
- Product liability claims
- Premises liability cases
- Slip and fall accidents
- Workplace accidents and workers’ compensation claims
- Catastrophic injury claims
- Brain injury cases
- Spinal cord injury claims
- Gun accidents
- Medical malpractice cases
- Wrongful death cases
You Generally Have Two Years to Take Legal Action
If you were injured in Petersburg, you need to act quickly to protect your legal rights. The state of Virginia has a strict statute of limitations that applies to all personal injury claims. Under section 8.01-243 of the Virginia Code, injured victims generally have two years from the date of their accident to file a lawsuit. If you fail to bring your claim in time, you may lose out on your legal rights entirely. This means that your otherwise valid legal claim might be prevented from having its day in court. You must not let this happen to you. Call an experienced Petersburg personal injury lawyer today who can help you get your claim process moving forward. Only very limited exceptions to the statute of limitations exist, so you need to take action now.
Let Us Help You Hold the Responsible Party Liable
To hold another party liable for your injuries, you will need to be able to prove that their negligence contributed to your accident. Negligence is defined simply as the failure to exercise reasonable care within the context of a specific situation. What actually constitutes negligence will depend entirely on the circumstances of your individual case. This is why it is so important that injured victims work closely with a qualified attorney. Your attorney will be able to conduct an in-depth investigation of your claim in order to assess the defendant’s negligence. Ultimately, to prove negligence, your lawyer will need to be able to establish the following:
- The defendant had a duty toward you
- The defendant breached that duty of care
- The defendant’s breach of that duty caused your injuries
- You suffered real, compensable damages in the accident
- Shared Fault: Virginia Has Harsh Rules
Liability in not a clear-cut issue in all personal injury cases. Indeed, determining who was to blame for an accident can be incredibly complex. In some cases, multiple defendants may share responsibility for the same accident. In other cases, the victim may even have contributed to the accident.
Unfortunately, Virginia has extremely strict rules on shared fault. Virginia is one of only a handful of U.S. states that currently operate under pure contributory negligence rules. In most other states, which operate under comparative negligence rules, victims who are to blame for a small part of their own accident will have their recovery reduced slightly. For example, if you were injured in a comparative negligence state, and you were found to be at fault for 20 percent of your own accident, you would simply have your compensation reduced by a corresponding 20 percent to account for your negligence.
However, in a contributory negligence jurisdiction like Virginia, a victim who was at fault for 20 percent of her own accident likely would not be able to recover anything at all. This is an incredibly harsh rule. While there are limited exceptions in some cases, such as the “last clear chance” doctrine, many victims who contribute to their own injuries are totally barred from recovery. Because of this, it is imperative that all injured victims work with an experienced Petersburg attorney who can protect them from unfairly being blamed for any share of their accident.
What Compensation Is Available for Injured Victims
If you were seriously injured in Petersburg, you may be entitled to significant compensation. Depending on the facts of your case, you may be able to recover monetary relief for both direct economic losses as well as any intangible damages. While the big insurance companies never make recovering compensation easy, our legal team will help you fight for what you are owed. At Emroch & Kilduff, our Virginia personal injury attorneys can help you seek recovery for:
- Emergency room fees, including ambulance costs
- Other related medical or hospital bills
- The cost of required medication or medical devices
- Any expenses associated with rehabilitation
- Damages for permanent physical damage or disfigurement
- Lost current or future income
- Pain and suffering damages
- Loss of life enjoyment damages
Request Your Free Legal Consultation Today
At Emroch & Kilduff, our attorneys have been serving victims for more than 40 years. From our office in Petersburg, we fight for the rights and interests of victims throughout the surrounding communities. Call us today at (804) 358-1568 to set up your free, fully confidential and comprehensive case evaluation.