Richmond

The legal team at The Law Offices of Emroch & Kilduff has years of experience representing clients in personal injury cases, including car, truck, and motorcycle accidents, aviation disasters, product 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 medicine, engineering, aviation, failure analysis, and accident reconstruction. The firm's wide experience supports our lawyers in bringing successful claims for our clients. During the past five decades, we 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 your case.

We Get Results for Our Clients

When someone hurts our clients, we take the time to know them, learn about how their injuries have derailed their lives, and craft an appropriate compensation demand. The insurance company that covers the person who injured you will treat you like a number. We will treat you like a person. This approach has helped us recover millions of dollars in compensation for our happy clients. We can’t promise an outcome for you or anyone else, but we have learned how to investigate, negotiate, and litigate claims against even the largest and most stubborn insurance companies. Some of the bigger settlements and judgments we have obtained for our clients:

• $9 million - Truck accident
• $7.75 million - Slip and fall case
• $6.234 million - Workers’ compensation claim
• $4.8 million - Car accident
• $3.85 million - Car accident and traumatic brain injury
• $3 million - Medical malpractice
• $1.5 million - Premises liability claim and wrongful death
• $1.3 million - Bicycle accident
• $1.25 million - Motorcycle accident

What Can Prompt a Personal Injury Lawsuit?

Broadly speaking, people bring personal injury lawsuits when the negligence of another injured them. We have listed the areas of personal injury law that we commonly practice below, but do not hesitate to contact us if you were in an accident or suffered an injury that you do not see listed here.

• 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.
• 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.
• 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.
• 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.
• 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.
• Child injury accidents. Children often get into situations where they are completely reliant on the people watching over them, and when people neglect their responsibility, your kid could be the one most at risk. Our experienced attorneys help get things back to where they were before the incident happened.
• Burn injuries. If you suffered a burn injury, we are eager to assist you in recovering the compensation that you deserve.
• Rideshare auto accidents. If you suffered injuries or complications after an accident involving a rideshare driver like Uber or Lyft, our attorneys will help walk you through the legal process.
• 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.
• 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.
• 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.
• 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.

Identifying the Responsible Parties

Responsible parties for personal injury claims may vary, depending on the case. 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 that failed to properly maintain their equipment, storefronts, or other properties.
• Employers that forced employees to break the law to get the job done, or who allowed abuse or harassment to occur in the workplace.
• Doctors, nurses or other medical staff who fail to follow standard practices, fail to diagnose detectable diseases, or improperly perform procedures.
• Manufacturers, distributors, and retailers that designed, marketed, or sold defective products that caused injury or death.

There might be complex liability issues in an accident case, even though fault might seem straightforward at first. For example, if a driver caused a crash, you might assume that the driver’s insurance company should cover your losses. However, other parties might share liability. If a driver was on the job, their employer might be vicariously liable for the harm the employee caused. Many people do not know they can file claims against employers as well as employees.Companies might also be negligent in their own right by hiring drivers with a history of dangerous driving. Common negligence claims against companies following a car crash include:

• Negligent hiring
• Negligent supervision
• Negligent retention
• Failing to maintain company vehicles

You always want to know when an employer or another company might share liability for your losses. Corporations often have much more substantial insurance coverage than individual drivers, which helps to ensure the policy will cover all of your losses if you suffered severe injuries.

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. 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 that caused chronic conditions or long-term disabilities, victims may also claim damages for future medical expenses and care.
• Lost wages may come in the form of damages when a victim has to miss work because of injuries. A victim who cannot return to work and must reduce hours or change professions because of an injury may also claim compensation for the loss of future wages or lost future 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 from the injury.
• Mental trauma. In some cases, the trauma of accidents and resulting injuries can result in post-traumatic stress disorder (PTSD) or other mental disorders that require therapy and other treatment. Victims can claim losses for treatment of mental injuries as well as physical injuries.
• Permanent disfigurement or disability. Some catastrophic injuries result in impairments, disability, or disfigurement that will last a lifetime. Victims with permanent effects of their injuries that impact their lives can seek damages for this permanency.

In a personal injury claim, most damages—the amount of money a plaintiff can recover for economic and non-economic losses—have no caps or limits. However, punitive damages, which aim to penalize the defendant, have caps, as do damages in medical malpractice claims. Virginia caps punitive damages at $350,000. These damages do not stem from the victim's actual losses—they punish defendants when injuries arose from particularly egregious conduct. Punitive damages also deter similar conduct in the future. Virginia, however, limits the punitive damages a jury can award, regardless of how heinous the injury-causing conduct was. The caps for medical malpractice claims are more complicated, as Virginia law bases the cap on when the case arose. This is because the legislature arranged for the damage cap in medical malpractice cases to increase steadily until it stops at $3 million in 2031. The following are the caps for recent years, and the dates refer to when the medical malpractice took place:

• July 1, 2015 to June 30, 2016 = $2.20 million
• July 1, 2016 to June 30, 2017 = $2.25 million
• July 1, 2017 to June 30, 2018 = $2.30 million
• July 1, 2018 to June 30, 2019 = $2.35 million
• July 1, 2019 to June 30, 2020 = $2.40 million
• July 1, 2020 to June 30, 2021 = $2.45 million
• July 1, 2021 to June 30, 2022 = $2.50 million

Similarly, many automobile accidents are capped by insurance limits. Virginia requires drivers to carry liability insurance. Residents may choose to pay an Uninsured Motorist Fee to the Virginia Department of Motor Vehicles, or get car insurance. Currently, an insured driver 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. However, recent legislation will increase state minimums to $30,000 per person in bodily injury or death coverage and $60,000 per incident by 2025. 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. Even if damage caps might come into play in your case, the law still allows you to recover a significant amount for your losses. Speak to an experienced Richmond personal injury attorney about the value of your case as soon as possible.

Why You Need to Act Now

After a serious injury, your focus is naturally on your treatment and physical recovery. However, this does not mean that you should put off worrying about your financial recovery. Waiting too long can jeopardize your claim in different ways. As soon as your physical condition stabilizes, discuss a possible case with a personal injury lawyer you can trust.

Statute of Limitations

Statutes of limitations are a big reason why victims should quickly contact an attorney after a serious personal injury. In Virginia, you generally may not file a personal injury claim if more than two years have elapsed since your injury. 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 Commonwealth. Failure to proceed with your claim before these deadlines could mean that you cannot hold liable parties accountable, leaving little recourse following a serious injury. Even if two years might seem like a long time, you generally need to complete the insurance claim process before you can go to court. This process can take time, and the closer you get to the statute of limitations, the more the insurance company will assume that you have no intention of litigating the claim. This can strengthen their position to offer much less than you deserve. 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.

Preserving Evidence

To prove liability for your accident and injuries, you need to present enough evidence to prove that another party or parties were liable under the law. Right after the accident, memories are fresh, parties likely have necessary records, and video footage can be relatively simple to obtain. However, the longer you wait, the more likely it is that evidence will disappear or weaken. The memories of witnesses can fade and become unclear, or witnesses can become unreachable or unwilling to help after a while. Companies might get rid of important records you need to show liability, or property owners might record over video footage of the accident. People can repair vehicles and clean up accident scenes. The longer you wait to have an attorney start putting together your claim, the greater the risk that key evidence will no longer be as strong as it once was. It is best to get an attorney working on your case so they can begin gathering witness testimony and physical evidence. The good news is that starting the personal injury claim process does not have to add to your stress. Instead, the right attorney will handle every step of the claim process and allow you to stay focused on your physical condition and medical treatment plan. That said, if you already waited to call an attorney, never assume it is too late. Always discuss your situation with a personal injury lawyer to learn your options.

How The Injury Claim Process Works

While every injury case has unique circumstances, there is still a general process that each case might follow. Some steps in the process include:

• Identifying all liable parties
• Calculating all of your accident and injury-related damages
• Gather evidence to support your claims of liability and damages
• Preparing and filing all necessary claim with the proper insurance companies
• Handle all communications with insurance adjusters
• Review settlement offers and advise whether an offer is inadequate
• Negotiate with adjusters for a higher offer
• File a personal injury lawsuit in civil court if you cannot reach an agreement directly with the insurance company
• Handle every step of the litigation process, including ongoing settlement negotiations and a jury trial if needed

Most cases settle directly with the insurance company or during pre-trial litigation. Too many people accept settlement offers that are entirely too low compared to their past and future damages, and once you accept payment from an insurer, you lose the right to go back and seek additional compensation. Having the right injury lawyer handling your claim from the very beginning sends a message to the insurance companies that you mean business, and they often cooperate and offer a favorable settlement earlier in the process.

Richmond Personal Injury FAQs

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 compensation injured victims deserve. 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 our experienced Richmond personal injury lawyers today.

How do I know if I have a Richmond 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, you may have the right 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 Richmond personal injury?

Because every accident and injury is unique, we cannot precisely predict the damages one may expect to receive. The specific facts and circumstances of the case will influence the money that an injured party may recover. Generally, injured victims may seek financial compensation for:

• Medical costs related to an injury;
• Lost income 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 deserve vary and lawyers determine these on a case-by-case basis. As a general rule, individuals suffering from severe injuries can typically 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 fully 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 in Richmond?

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 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 incurred.

What is a settlement?

Oftentimes, personal injury claims resolve 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 claim's value. 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 Richmond personal injury case take?

Unfortunately, the length of time required to resolve any personal injury claim depends. In representing injured parties, some claims quickly resolved. 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. 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, as well as create a formal record of your injuries and required treatment. Should you decide to pursue legal action, documenting your injuries will provide valuable evidence to support your claim. 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. We base our lawyer's fees on a percentage calculation. Always ask whether the firm calculates fees 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's Richmond Personal Injury Lawyers

Our law firm offers free consultations to discuss potential cases. If we agree to pursue the claim, you will not pay attorney fees upfront. We handle personal injury cases on a contingent fee basis, meaning we will deduct fees and expenses from any eventual settlement or judgment. Victims can then focus on recovering without worrying about big legal bills. When someone injures you, you want to know what happens next and what you need to 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 suffered injuries 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 analyze your case and give you options for your next steps. Call us at (804) 358-1568, or contact The Law Offices of Emroch & Kilduff online to learn if we may help you.

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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.

Nearby Banks

• M&T Bank 3124 West Broad Street

Nearby Restaurants

• Lemon Cuisine of India
• McLeans Restaurant
• Supper
• The Dairy Bar Restaurant

Nearby Shopping

• Kroger 3507 West Cary Street
• Village Shopping Center 7029 Three Chopt Road
• Key stores include Starbucks, CVS, Publix

Nearby Hotels

• Holiday Inn Richmond-I-64 West End 2000 Staples Mill Road
• Clarion Hotel Central 3207 North Boulevard
• Diamond Inn & Suites 1600 Robin Hood Road
• Quirk Hotel 201 West Broad Street