Emroch & Kilduff
900 S Church Ln
Tappahannock, VA 22560
Phone: (804) 445-1507
Toll-free: (877) 445-1508
Emroch & Kilduff Tappahannock, Virginia Injury Lawyers
Many drivers are careful to abide by all traffic laws and keep an eye out for motorcyclists and pedestrians. Similarly, most manufacturers use only the best materials and assembly practices when designing a product, and many store owners ensure their premises are safe for visitors.
Unfortunately, whether due to a simple lapse of judgment or a lack of proper care, people make mistakes. Some of these mistakes lead to devastating consequences for bystanders, including other drivers on the road, store patrons, community members, and consumers. Those who are injured by another person’s or entity’s negligence can collect damages from the responsible party by filing a claim in court.
If you were injured because of someone else’s negligence, you may be coping with a lot of stress: medical bills, missed work, property loss, other parties, insurance companies, and more. The additional burden of traveling to a major city to meet with a personal injury lawyer may simply seem like too much trouble. Fortunately, Emroch & Kilduff is here in Tappahannock, and our compassionate and experienced lawyers are available to discuss your potential claims.
Contact Emroch & Kilduff for a free consultation and learn if we may be able to help you. If we accept your case, we will advocate on your behalf and work for the best possible outcomes. To learn more about your legal options and chances of recovering damages, call us at (804) 358-1568, or contact us online to make your appointment. We can walk you through the process of filing a claim.
Our Practice areas
When someone’s negligence causes another person to suffer accident-related injuries, he or she can be required to compensate the injured party. The victim starts this process by filing a personal injury claim against the at-fault individual.
We are experienced at helping do that by negotiating claims and settlements, and in litigating personal injury cases in state and federal courts. Our job is to help personal injury victims get the compensation they deserve.
Our areas of practice include:
- Spinal cord injuries. The majority of spinal cord injury victims are male, and the average age of victims is 31. Spinal cord injuries are most often caused by motor vehicle accidents. The first fifteen days after a spinal cord injury have an average medical cost of $140,000, while the first year after an injury will bring medical and additional expenses upward of $200,000. Damages in these cases may include medical expenses, loss of income, loss of future earning capacity, pain and suffering, and long-term care.
- Medical malpractice and wrongful diagnosis. Nearly 80,000 deaths a year are caused by wrongful diagnosis, either missed diagnosis or misdiagnosis. The most common cases either fail to diagnose or falsely diagnose cancer, diabetes, heart attack, stroke, pulmonary embolism, and bacterial meningitis. Wrongful diagnosis breaches the patient’s trust in their healthcare professional, and may have serious or even deadly consequences.
- Automobile accidents. Every year, thousands of Virginians are injured by car accidents. These accidents are often caused by drunk driving, distracted driving, driving while fatigued, speeding, and aggressive driving. Victims of car accidents may be able to collect compensation for damages including medical bills, lost wages, and property loss.
- Truck accidents. Commercial trucks typically weigh up to 80,000 pounds and often transport hazardous materials. Truck accidents therefore have the potential for catastrophic injuries. When the truck driver caused the accident, both the driver and their employer may be liable for damages. Others parties may also be liable, such as manufacturers or mechanics. Truck accident victims may have lifelong injuries or permanent disabilities, and having an effective advocate who will work to ensure parties are held liable for future care is especially important.
- Motorcycle accidents. Motorcycle riders face higher risk on the roads than other motor vehicle users. Other motorists may fail to see them, and a pothole or gravel on a poorly maintained road can pose serious dangers. Motorcyclists are more frequently and easily injured in collisions because they lack protections like seat belts, airbags, and metal framing. Regardless of the cause of the accident, motorcyclists who have been injured may have extraordinary medical costs and other damages.
- Product liability. Consumers should be protected from the products that may injure them. When consumers are injured by product defects, the manufacturer, distributor, and retailer may all be liable for damages. The same applies to dangerous products or machinery, including farm equipment, that injures people on the job.
- Railroad accidents. Approximately 1,000 deaths per year are caused by railroad accidents, and that number is increasing. Railroad accidents are often caused by factors such as improperly functioning railroad crossing lights or bars, negligent driving, human error, mechanical failure, or derailment.
- Aviation disasters. Each year approximately 4,500 passengers are injured by baggage falling from overhead bins, and another 58 are injured by airplane turbulence. Passengers and employees may also be injured by pilot error, mechanical problems, and product defects. In these cases, the Federal Aviation Administration (FAA) and commercial airlines may be liable for damages. Making a personal injury claim involving these parties often requires expertise in aircraft function, safety, and FAA regulations.
- Workers compensation. Workplace injuries can be too complicated for a victim to handle alone. An employee may feel uncomfortable discussing their injury with their employer, or feel guilty about filing a claim against a company where they have established professional relationships. Employees who are coping with injuries, missed work, and loss of income, and who may be unsure how to file or challenge a denied workers’ compensation claim, should speak to a personal injury lawyer for knowledgeable counsel and representation.
- Slip and fall accidents. Slip and fall accidents can happen anywhere, including parking lots and garages, roadways, retail stores, single family homes and apartment complexes, restaurants, hotels, sports arenas, conference centers, and amusement parks. Landlords, public agencies, and commercial and private property owners have a duty to keep the places where people live, visit, shop, and work safe. If parties fail in their duty of care and someone is injured by their negligence, a victim may have a premise liability claim.
- Pedestrian accidents
Each personal injury claim requires the victim to provide evidence demonstrating that the defendant’s negligent or reckless conduct caused his or her injury.
To prove that a defendant is liable, a plaintiff must demonstrate that:
- The defendant owed a duty of reasonable care to the plaintiff;
- The defendant breached that duty by behaving unreasonably;
- The defendant’s actions (or inaction) caused the plaintiff’s injury; and
- The plaintiff was injured because of the defendant’s actions.
In many cases, more than one person’s negligence may have contributed to an accident. Fortunately, injured parties can collect a portion of their total damages from all the responsible parties. However, in Virginia, injured parties who contributed to their own accidents, even if the contribution was minor, will be barred from collecting damages. This is because Virginia is a contributory negligence state, meaning that even if a plaintiff is one percent at fault in causing an accident, he or she cannot collect damages from the other party. To best present your case to the jury, it is critical that you seek the advice of an experienced personal injury attorney.
Even if a defendant was completely at fault in causing an accident, the injured party will be unable to collect compensation if he or she fails to file a personal injury claim within two years of the date of the accident. Claims against city governments must be filed even sooner: injured parties must send the government a formal notice of the claim within six months of the accident. Those who have claims against the state are given one year to file a notice. It is only after the government has accepted, denied, or attempted to settle a claim that the injured party can move forward with filing a lawsuit.
Recovering Economic Damages
Filing a claim within the deadline is critical for seriously injured parties who may have to pay for the following costs:
- Ambulance services
- Hospital stays
- Doctor appointments
- Multiple surgeries
- Prescription medications
- Appointments with specialists
- Physical therapy
- Special medical devices/equipment
- Nursing care
Footing the bill for these expenses becomes even more difficult when the victim is unable to work while recuperating. In some tragic cases, injured parties may never be able to return to work, which can make it nearly impossible to pay medical bills, household expenses, and other costs of living. In these cases, eligible parties can collect the amount of money lost by their inability to work. Finally, those who suffered property damage from the accident can recover compensation that enables them to repair or replace their damaged items.
In especially severe cases, an injured party can collect noneconomic damages in addition to medical expenses and lost wages. Noneconomic damages represent compensation for the physical pain and emotional distress the plaintiff endured because of the accident. These damages usually cover the cost of:
- Physical impairment
- Past or future inconvenience
- Loss of companionship
- Pain and suffering
- Mental anguish
Calculating how much an injured party spent in hospital bills or repairing his or her car is relatively easy: the plaintiff can simply collect copies of receipts, statements, and invoices. Calculating noneconomic damages is far more complex and nuanced. Generally, it is up to the jury or a judge to determine how much a person should receive based on an analysis of certain factors, including:
- The nature and extent of the plaintiff’s injury;
- The prospective duration of pain and suffering caused by the injury;
- The age and physical health of the injured party before the accident;
- Whether the accident aggravated or worsened any pre-existing medical problems; and
- Whether the injured party has access to medical treatments that could help relieve the pain.
These factors are then used to determine whether a plaintiff can collect noneconomic damages in addition to medical expenses and lost wages.
Our commitment to getting the best possible outcomes for our clients means we work with a national network of qualified experts who have the knowledge and expertise to help support our clients’ claims. These professionals come from a variety of fields such as medicine, economics, industry, engineering, aviation, accident reconstruction, and more.
We Can Come to You
For those who are unable to come to our office in Tappahannock, our lawyers will travel and meet clients in homes, hospitals, and long-term care facilities, including nursing homes. If you have questions or need assistance, call us at (804) 358-1568.
Call Emroch and Kilduff if You Were Injured in Tappahannock
If you or a loved one suffered an injury because of the negligence of another person, business, or government entity please contact Emroch & Kilduff to schedule a free one-on-one consultation with an experienced personal injury lawyer who can evaluate your case and explain your legal options. If we accept your case, we will advocate on your behalf and work for the best possible outcomes. Call one of our experienced personal injury lawyers at (804) 358-1568, or contact us online for a free consultation.
Where We Are
Our Tappahannock office is located at 900 South Church Lane, east off of Highway 17 and a few blocks away from the Rappahannock River.
We are Near:
- Essex Bank 1325 Tappahannock Blvd
- Sonabank 1665 Tappahannock Blvd
- Union Bank & Trust 1649 Tappahannock Blvd