Richmond, Virginia, Personal Injury Lawyers
The legal team at The Law Offices of Emroch & Kilduff have years of experience representing clients in personal injury cases, including car, truck, and motorcycle accidents; aviation disasters; products liability; premises liability; medical malpractice; wrongful death; workplace accidents; and more. Our Richmond personal injury lawyers have served clients in Virginia since our law firm’s founding in 1970, and our nationwide network of experts specialize in an array of disciplines, such as medicine, engineering, aviation, failure analysis, and accident reconstruction. Their expertise supports our lawyers in making successful claims for our clients.
During the past four-and-a-half decades, we have handled all types of personal injury cases and developed the legal knowledge and skill set necessary for success both in and out of the courtroom. If you suffered an injury because of the negligence of another person, business, or government entity, contact The Law Offices of Emroch & Kilduff to learn if we can help you. If we accept your case, we will advocate on your behalf and work for the best possible outcome. Call one of our experienced personal injury lawyers in Richmond at (804) 358-1568, or contact us online to discuss the details of your case.
What Can Prompt a Personal Injury Lawsuit?
Broadly speaking, people bring personal injury lawsuits when the negligence of another injured them. The most common areas of personal injury law that we practice are listed below, but do not hesitate to contact us if you were in an accident or suffered an injury you do not see listed here.
- Medical malpractice. Injuries that occur because of a medical professional’s error are often the most shocking. When medical malpractice is the direct cause of your harm, we can help you pursue litigation against the at-fault party, whether it’s a private doctor, a hospital, or a pharmacist.
- Workplace injuries. While workers’ compensation insurance provides benefits to workers who are injured on the job and bars them from filing a lawsuit directly against employers, you may file a third-party liability claim in some circumstances.
- Slip and fall accidents. Slips and falls often occur because of hazardous conditions on a property, such as broken flooring or spills. In many circumstances, property owners have a duty to take reasonable precautions to maintain the property in a safe condition; if they breach this duty, injured parties can seek compensation.
- Product liability. We trust that the products we buy will enhance our lives and not harm us. Unfortunately, from exploding electronics to dangerous pharmaceuticals, products are not always manufactured with our safety in mind.
- Railroad accidents. Whether you are a railroad worker or a passenger or motorist injured in a railroad accident, a legal professional should handle these accidents—they often involve complicated systems of compensation, claims against the government, or suits against large and powerful companies.
- Automobile accidents. A leading cause of injury and death in the United States is automobile accidents. Annually, both passenger car and large truck accidents leave thousands of persons across the United States with devastating injuries. When you are in a crash and suffer injuries, our attorneys help you to understand your legal options, prove fault, and recover the compensation you deserve.
- Traumatic brain injuries. Many accidents can lead to traumatic brain injuries, ranging from near-drowning experiences and slips and falls to motorcycle accidents. Regardless of the cause, TBIs have the potential to drastically change the lives of the injured victims and their families.
- Spinal cord injuries. Spinal cord injuries cause permanent partial or complete paralysis from the location of the injury downwards. Doctors cannot cure or reverse this paralysis, and it may force victims to rely on wheelchairs and in-home medical care for the remainder of their lives.
- Bicycle, motorcycle, and pedestrian crashes. Those who walk, ride bikes, or ride motorcycles have few protections to prevent injuries when vehicles strike them. These crashes can cause catastrophic injuries and devastation for victims and their families.
- Wrongful death. We represent family members whose loved ones died due to the negligence or misconduct of other people, companies, or government entities. Losing someone you love to a preventable accident may prove the toughest thing you ever have to experience; let our attorneys support you during the legal process.
- Burn injuries. If you suffered a burn injury, we are eager to assist you in recovering the compensation that you deserve.
Identifying the Responsible Parties
Responsible parties for personal injury claims may vary, depending on the facts of the case.
For example, Virginia is a “tort liability” commonwealth, but it has liability insurance requirements that are relevant for personal injury claims caused by motor vehicle accidents. Residents may choose to pay an Uninsured Motorist Fee to the Virginia Department of Motor Vehicles, or they must carry $25,000 per person in bodily injury or death coverage, $50,000 in total per incident, and $20,000 in property damage coverage.
When motor vehicles are in an accident, most drivers will file a claim under their own insurance, or the other drivers’ insurance. When damages exceed insurance limits, victims may use a personal injury lawsuit to make up the difference.
Injury victims may bring personal injury claims against almost any party who caused damages through negligent actions. Some examples include:
- Car drivers, truck drivers, or bus drivers who violated traffic regulations, drove distracted, or drove under the influence of drugs or alcohol.
- Small businesses or large corporations who failed to properly maintain their equipment, storefronts, or other properties.
- Employers who forced employees to break the law to get the job done, or who allowed abuse or harassment to occur in the workplace.
- People who abused others at home, at a place of employment, or in a public or private facility such as a hospital or nursing home.
- Manufacturers, distributors, and retailers who designed, marketed, or sold defective products that caused injury or death.
Personal Injury Damages
Emroch & Kilduff have experience in all areas of personal injury law, and we know how to negotiate for a fair settlement when another party is at fault. Damages for personal injury lawsuits are typically compensatory. Courts may also award punitive damages—but rarely do so—reserving them for cases of gross negligence and intentional harm.
In a personal injury claim, most damages—the amount of money a plaintiff can recover for economic and noneconomic losses—are uncapped or unlimited. However, punitive damages, which are designed to penalize the defendant, are capped, as are damages in medical malpractice claims.
Punitive damages are capped at $350,000, while the caps for medical malpractice claims are based on when the case arose. Cases that are more recent have a higher cap. As an example, the cap is $2.25 million for medical malpractice that took place between July 1, 2016, and June 30, 2017, while the cap rises to $2.30 million for acts of medical malpractice that occurred between July 1, 2017, and June 30, 2018.
Compensatory damages for victims (or their survivors) may include financial costs, such as medical expenses and lost wages, and non-economic costs, such as pain and suffering.
- Medical expenses may include ambulance services, hospital stays, surgery, X-rays, medication, physical therapy, assistive devices for rehabilitation, and therapy. In cases of chronic conditions or long-term disability, victims may also claim damages for future medical expenses and care.
- Lost wages may come in the form of damages when a victim is forced to miss work as a result of injuries. A victim who cannot return to work and must reduce hours or change professions as a result of an injury may also claim compensation for the loss of future wages, or lost earning capacity.
- Pain and suffering. Victims who have suffered serious or catastrophic injuries endure significant physical and emotional pain. The court may award damages for pain and suffering after considering the nature and severity of the injuries, the victim’s age and quality of life, and the non-economic losses incurred as a result of the injury.
Why You Need to Act Now
Statutes of limitations are a big reason why victims should quickly contact an attorney after a serious personal injury. In Virginia, you may not file a personal injury claim if more than two years have elapsed since the date of your injury. If you are filing a claim against the government, you have only six months to file a notice of claim against a city, such as Richmond, and one year to file a notice of claim against the state government. Failure to proceed with your claim before this time could mean that you cannot hold guilty parties accountable, leaving little recourse following a serious injury.
An experienced personal injury lawyer will challenge these common defense tactics, observe the statutory requirement in arguing a claim, and work to ensure the responsible parties are held liable for damages.
Personal Injury FAQ
Accidents causing injuries are almost always unexpected, and they can have devastating consequences for Richmond residents and visitors. When an injury is caused by another’s careless, reckless, or aggressive behavior, the impacts can be even more overwhelming.
At Emroch & Kilduff, our experienced team regularly fights for the rights of injured victims to seek the compensation they are entitled to. We have helped numerous clients understand their legal rights and options for pursuing recovery. Below are answers to some common personal injury claim questions we receive from prospective clients. To learn about your specific legal rights after an unexpected injury, contact an experienced Richmond personal injury lawyer today.
How do I know if I have a personal injury case?
Did an event or incident occur, without any fault of your own, that caused you or a loved one injury? If so, Virginia law may entitle you to seek compensation for damages from the person or entity responsible for the harm. In other words, you may be entitled to file a personal injury claim. A free consultation with our experienced Richmond personal injury lawyers can help you determine your legal rights.
How much money can I get for a personal injury?
Because every accident and injury is unique, it is difficult to precisely predict the amount of damages one may expect to receive. The specific facts and circumstances of the case will influence the amount of money that an injured party may be entitled to.
Generally, injured victims may seek financial compensation for:
- Medical costs related to an injury;
- Lost wages from time away from work or the inability to return to work in the same capacity because of an injury;
- Other costs necessarily resulting from an injury, such as child care or in-home health care provider expenses;
- Pain and suffering related to adapting to an injury; and
- Costs related to diminished personal relationships or enjoyment of life.
As you might imagine, the damages victims may be entitled to vary and are determined on a case-by-case basis. As a general rule, individuals suffering from severe injuries are typically entitled to seek more compensation than those who suffer relatively minor injuries. Keep in mind, however, that the amount of money you can actually recover may differ from what you should be allowed to recover, depending on the responsible party’s financial resources or insurance coverage.
To discuss how to estimate the value of your personal injury claim, speak with an experienced Richmond personal injury attorney today.
How severe do my injuries need to be to file a claim?
Virginia law broadly grants injured victims the right to recover compensation whenever someone else’s actions or decisions wrongfully cause them harm. As a practical matter, some injuries may be too minor to be worth initiating the claims process to seek compensation. However, it may be tricky to differentiate between truly minor injuries and more serious injuries that merely seem minor. Some of the most common accident injuries do not immediately exhibit symptoms.
In fact, some injuries may not develop symptoms for weeks or months following an accident. In our experience fighting for the rights of injured victims, we have seen seemingly trivial injuries ultimately cause significant physical, emotional, and financial consequences. It’s never a good idea to self- diagnose or treat accident injuries because you believe they are relatively minor and likely not worth filing a claim. Instead, speak with an attorney to evaluate the scope of your injuries and the extent of harm you have incurred as a result.
What is a settlement?
Oftentimes, personal injury claims are resolved outside of the courtroom through a settlement agreement between the injured party and the responsible party’s insurance provider. After negotiating and discussing the terms of the settlement offer both parties will agree on the value of the claim. When accepting a settlement offer, injured victims are typically required to waive their right to seek further compensation for their injuries. In exchange for compensation, the injured party must agree to release the responsible party from any additional liability for the accident. As mentioned, in most cases, the injured party will receive compensation from the responsible party’s insurance provider rather than the responsible party themselves.
If the party who harmed you, their lawyer, or their insurance company quickly provides you with a settlement offer, use caution before accepting it. Insurance representatives are skilled in enticing injured victims to accept an inadequate settlement by offering quick compensation. Remember, when you accept an unsolicited settlement offer, you will be required to give up your right to seek additional compensation for your injuries. Before accepting, discuss the offer with an experienced Richmond personal injury attorney to ensure your claim has been fairly valued.
How long does a personal injury case take?
Unfortunately, the length of time required to resolve any personal injury claim depends. In our experience representing injured parties, some claims have quickly reached a resolution. On the other hand, we have represented clients whose claims necessitated proceeding to trial, delaying the resolution of their claims.
Nonetheless, any delay in contacting an attorney will naturally delay the resolution of your case. The sooner you retain an experienced Richmond personal injury lawyer, the sooner you can begin the process to resolve your claim and recover compensation. When you delay consulting an attorney, you risk losing the ability to gather valuable evidence to support your claim.
I was injured and it wasn’t my fault. What should I do?
First and foremost, seek a medical evaluation as soon as you can. Afterward, carefully follow all recommended treatment guidelines prescribed by your healthcare provider. You should never assume that your injuries are minor and therefore, require only self-diagnosis and at-home treatment. Immediately seeking medical attention will protect your health, and create a formal record of your injuries and required treatment. Should you decide to pursue legal action, documentation of your injuries may be valuable evidence to support your claim for compensation.
After seeking medical care, contact our experienced Richmond personal injury attorneys for a free consultation and case evaluation. Many personal injury firms provide clients with a contingency fee arrangement for collecting costs. Under a contingency fee arrangement, a lawyer can deduct court costs and administrative fees from compensation secured for the client. Lawyer’s fees are usually based on a percentage calculation. You should always inquire whether the firm’s fee will be calculated before or after the deduction of court costs and administrative fees. Nonetheless, a free consultation can help injured victims determine how to proceed.
Get Help From Emroch & Kilduff
Most law firms offer free consultations to discuss potential cases. If a lawyer agrees to pursue the claim, the client typically will not pay attorney’s fees upfront. Attorneys generally handle personal injury cases on a contingent fee basis, meaning the lawyer will deduct fees and expenses from any eventual settlement or judgment. Victims can then focus on recovering without worrying about big legal bills.
When you are injured, you want to know what happens next and what you should do to move forward. At the law offices of Emroch & Kilduff, LLP, we can provide you with the legal assistance you need. If you or someone you love was hurt because of someone else’s negligence, don’t wait to contact a lawyer. You may need an advocate to represent you, regardless of whether a settlement is possible or litigation is necessary.
The lawyers at Emroch & Kilduff will consider the facts of your case and give you options for next steps.
Call us at (804) 358-1568, or contact The Law Offices of Emroch & Kilduff online to learn if we may help you.
Emroch & Kilduff
3600 W Broad St #700
Richmond, VA 23230
Phone: (804) 358-1568
Fax: (804) 353-5817
Toll-free: (888) 358-1568
Where We Are
Our Richmond office is located at 3600 W Broad Street #700, near the intersections of Interstate 195 and Highway 250. We are in the Scott’s Addition neighborhood, just north of the Museum District.
- M&T Bank 3124 West Broad Street
- Kroger 3507 West Cary Street
- Village Shopping Center 7029 Three Chopt Road
- Key stores include Starbucks, CVS, Publix