Richmond Personal Injury Lawyer

If you suffered injuries or lost a loved one in an accident someone else caused in Richmond, Virginia, you may qualify for compensation, but you will need advice and guidance from an experienced Richmond personal injury lawyer to help with your claim.

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.

Schedule a Free Consultation

Why Choose Us as Your Richmond Personal Injury Attorneys

Our Richmond personal injury lawyers have served clients in Virginia since our law firm's founding in 1970. We have a vast nationwide network of experts who specialize in medicine, engineering, aviation, failure analysis, and accident reconstruction. Our firm's wide experience and extensive resources support 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 Types of Richmond Personal Injury Claims Do We Handle?

Broadly speaking, people bring personal injury lawsuits when the negligence of another injured them.

At Emroch & Kilduff, we have a team of dedicated attorneys who handle a variety of personal injury claims in Richmond, including:

We also handle other types of personal injury claims in Richmond. Reach out to us for a free consultation about your claim if another party's negligent actions hurt you or someone you love.

Common Ways People Suffer Injuries in Richmond

Personal injury victims in Richmond can sustain injury in a variety of accidents and incidents. Some of the most common causes of personal injuries include:

• Motor vehicle 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. 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.
• 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.
• Workplace accidents. 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.

Our Richmond Law Office and Headquarters

Our Richmond law office and firm's headquarters is located at 7301 Forest Ave #300.

Come by our office to speak with one of our attorneys about your Richmond injury claim. You can also contact us to set up an appointment for a free consultation by calling (804) 358-1568 or toll-free (888) 358-1568.

Richmond Accident Statistics

The Virginia Department of Motor Vehicles Highway Safety Office publishes reports of traffic accidents that occur throughout the Commonwealth. According to accident statistics from the most recent year, 1,005 people lost their lives in Virginia traffic accidents, which is a 15-year high and represents a nearly 4% increase from the previous year.

Overall, Virginia reported more than 122,000 traffic accidents statewide with the following breakdowns:

• 274 alcohol-related fatalities
• 111 motorcycle fatalities
• 11 bicycle fatalities
• 171 pedestrian fatalities

The City of Richmond also reported 26 traffic-related fatalities during the same period, which is double the number of fatalities from the previous year.

Source: dmv.virginia.gov

Types of Injuries People Can Sustain in Richmond Personal Injury Accidents

People in Richmond can suffer a variety of injuries in personal injury accidents. These injuries can range from minor to severe, depending on the type of accident, the force of the impact, the victim's overall health, and other factors. Here are some common types of injuries people can sustain in personal injury accidents in Richmond:

• Whiplash: Often associated with car accidents, whiplash is a neck injury caused by a sudden jolt or impact that leads to the neck being forced to move in an unnatural way.
• Fractures and Broken Bones: Personal injury accidents can result in broken bones, including fractures of the arms, legs, ribs, and more.
• 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.
• Soft Tissue Injuries: These include injuries to muscles, ligaments, and tendons, such as strains, sprains, and tears. They can be painful and limit mobility.
• Burns: Accidents involving fires, explosions, or exposure to hot surfaces can result in burn injuries of varying degrees, which can be extremely painful and require extensive medical treatment.
• Scarring and Disfigurement: Severe injuries, such as deep lacerations or burns, can leave permanent scars and disfigurements, which can have emotional and psychological effects in addition to physical challenges.
• Amputations: In catastrophic accidents, amputation of limbs or digits may be necessary. This can significantly impact a person's quality of life.
• Internal Injuries: Blunt force trauma or penetrating injuries can damage internal organs, leading to internal bleeding, organ damage, and life-threatening complications.
• Emotional and Psychological Trauma: Personal injury accidents can also result in emotional and psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, and depression.
• Injuries to Children: Children are particularly vulnerable in accidents, and they can suffer from a wide range of injuries, including head injuries, broken bones, and emotional trauma.
• Repetitive Stress Injuries: In workplace or industrial accidents, individuals may sustain repetitive stress injuries over time, leading to conditions like carpal tunnel syndrome or chronic back pain.
• Electrical Injuries: Accidents involving electrical shocks can result in burns, internal injuries, and long-term nerve damage.

If you or a close family member has been injured in a personal injury accident in Richmond, it's essential to seek immediate medical attention and consider consulting with a personal injury attorney to understand your legal rights and options for compensation, especially if the accident was due to someone else's negligence.

Identifying the Responsible Parties in Richmond Accidents and Personal Injury Incidents

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.

What Types of Damages Can You Recover from a Richmond Personal Injury Claim?

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 medical bills for 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, 2020 to June 30, 2021 = $2.45 million
• July 1, 2021 to June 30, 2022 = $2.50 million
• July 1, 2022 to June 30, 2023 = $2.55 million
• July 1, 2023 to June 30, 2024 = $2.60 million
• July 1, 2024 to June 30, 2025 = $2.65 million
• July 1, 2025 to June 30, 2026 = $2.70 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.

Due to recent legislation, state minimums were increased for policies effective on or after January 1, 2025 to $30,000 per person in bodily injury or death coverage and $60,000 per incident. 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 to Begin Your Richmond Personal Injury Claim

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 in Richmond

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 maximum compensation
• 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

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 recover fair compensation. At the law offices of Emroch & Kilduff, PLLC, 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.

---

Additional Resources

Richmond Emergency Rooms

There are many emergency rooms and urgent care centers that serve the Richmond area. A few include:

• Richmond Community Hospital Emergency Department: 1500 N 28th St, Richmond, VA 23223
• VCU Medical Center Emergency Department: 1213 E Clay St Ground Floor, Richmond, VA 23298
• Retreat Doctors' Hospital: Emergency Room: 2621 Grove Ave, Richmond, VA 23220
• Chippenham Hospital Emergency Room: 7101 Jahnke Rd, Richmond, VA 23225
• St. Mary's Hospital Emergency Department: 5801 Bremo Rd, Richmond, VA 23226
• Hunter Holmes McGuire Hospital Emergency Room: 1201 Broad Rock Blvd, Richmond, VA 23249

*Disclaimer – Emroch & Kilduff does not endorse these medical providers, nor do we profit from having them listed on our website.

Richmond Courthouses

• Richmond General District Court-Civil Division: 400 N 9th St #203, Richmond, VA 23219
• Richmond Manchester General District Court: 920 Hull St, Richmond, VA 23224
• Supreme Court of Virginia: 100 N 9th St, Richmond, VA 23219
• United States District Court Eastern District of Virginia: 701 E Broad St, Richmond, VA 23219
• Court of Appeals of Virginia: 109 N 8th St, Richmond, VA 23219
• U.S. Court of Appeals: 1100 E Main St #501, Richmond, VA 23219

Neighborhoods We Serve in Richmond

North Side (23222), Downtown Richmond (23220), Carytown (23221), Maymont (23220), Shockoe Slip (23219), Scott's Addition (23230), Fan District (23221), South Richmond (23235), Church Hill (23223), Shockoe Bottom (23223), Museum District (23220), Jackson Ward (23219), Three Chopt (23225), Mosby Court (23223), Creighton Court (23223)