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. Pedestrians have little protection in collisions and often suffer serious injuries. These accidents are commonly caused by distracted driving, speeding, or failure to yield. Drivers, their employers, or even public agencies may be held liable. Victims may face high medical costs, lost income, and long-term recovery. Legal support is key to securing fair compensation.
- Dog bites. Dog attacks can cause serious injuries, including infections, nerve damage, and scarring. Owners are typically liable if their dog bites someone, especially if the dog had a history of aggression. Victims may face medical expenses, emotional trauma, and lost income. Legal representation can help ensure accountability and fair compensation.
Each personal injury claim requires the victim to provide evidence demonstrating that the defendant’s negligent or reckless conduct caused his or her injury.
Establishing Negligence
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.
Time Limits
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.
Noneconomic Damages
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
- Disfigurement
- 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.
National Network
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.
Tappahannock Personal Injury FAQ
Thinking about approaching a personal injury lawyer in Tappahannock, but unsure about what he or she will do or how it works? Read on to find out answers to frequently asked questions (FAQs) regarding personal injury claims in Tappahannock. If you have additional questions, reach out to the experienced personal injury attorneys at Emroch & Kilduff.
How do I know if I need a Tappahannock personal injury lawyer?
If you’ve suffered an injury due to the actions (or inactions) of another person, it’s prudent to consult a personal injury lawyer. Personal injury is the area of law that deals with the responsibility of individuals and companies toward other people for causing injury. The term “personal injury,” by the way, covers both injury and other types of harm, such as becoming ill.
Personal injury law provides an avenue toward financial restitution for injuries suffered due to the actions (or inactions) of someone else. If a person or company causes injury or harm to an individual through negligent practices or behaviors, the at-fault party becomes financially responsible for the costs of any resulting injuries.
It’s easy to understand this by considering an unfortunately common example. Say you are in a car accident because another driver goes through a red light without stopping. This is negligent behavior on the other driver’s part, because drivers must exercise a proper duty of care, which involves driving safely and in accordance with traffic laws.
As a result of the other driver’s actions, you suffer broken ribs and arms. You cannot work for weeks, because you’re in a cast. You need surgery and physical therapy to return to normal. You’re in pain. All of this is the fault of the other driver. Because of that, the other driver (or his or her insurance company) is financially responsible for your injuries and the effects that they exert on your life.
Although our example is a car accident, personal injury law covers much more than car accidents.
You should consult a personal injury lawyer if you are injured or harmed by:
- Vehicle accidents (car, truck, motorcycle, bicycle, boat, bus, airplane, etc.)
- Railroad accidents
- Pedestrian accidents
- Premises liability (slip and fall and other events in companies or private homes)
- Product liability (injuries and harm caused by products)
- Construction accidents
- Medical malpractice
- Nursing home neglect or abuse
How do I recover compensation for my medical bills after my Tappahannock personal injury?
Under Virginia law, individuals injured or harmed by another party can seek damage compensation in the following categories:
- Medical bills, both current and future for hospitalization, surgery, emergency transport and treatment, doctor’s visits, prescription medication, rehabilitative therapy, and more
- Income lost from work if your injuries cause you to need to take time off work
- The lifetime value of earnings if your injuries disable you
- Personal property if your property suffered damage or destruction
- Pain and suffering for physical, mental, and emotional suffering
You can either seek these damages through an insurance company or by filing a personal injury lawsuit against the at-fault party.
What if the insurance company refuses to pay my Tappahannock injury claim?
Tragically, it’s not uncommon for insurance companies to refuse to pay claims, either through a lack of communication (you can’t get them on the phone or e-mail) or other strategies. And make no mistake: they are strategies. Insurance companies go into business to earn a profit. If they pay out claims, that cuts into their profits.
Lawyers can successfully negotiate with insurance companies because we know their strategies. If all else fails, we can threaten to take them to court. Insurance companies don’t want to go to court, because courts may show more sympathy to injury victims than the insurance companies do.
What if the at-fault person doesn’t have insurance?
If you suffered injuries in a vehicle accident or other event where the at-fault party doesn’t have insurance, it’s a good idea to talk to a lawyer. We can discuss other options to help you recover the compensation you need to cover the costs of your injuries.
How do I know if my Tappahannock personal injury case will bring justice?
It’s only natural to wonder if a personal injury case will succeed in bringing justice to you if you approach an insurance company or take it to court.
At Emroch & Kilduff, we offer free consultations to prospective clients. In fact, most personal injury lawyers offer an absolutely free first consultation, for a very simple reason. They need to know what happened, and they need to have a sense of whether they can succeed in negotiating with the insurance company or prosecuting a personal injury case.
During the consultation, you will discuss what happened to you, the circumstances, and the harm you suffered. If you have specific evidence, such as a police report of a car crash or pictures of your injuries, it’s a good idea to bring this evidence with you to the consultation. Discuss how the injuries and harm have affected your life.
All personal injury cases require evidence, but evidence arises from multiple sources, including:
- Police accident reports
- Pictures or other images from smartphones or other cameras
- Surveillance footage
- Audiotape
- Eyewitness testimony
- Medical records and diagnoses of your injuries
- Statements to emergency personnel or doctors shortly after injury-causing events
- Forensic analysis of the scene
- Forensic analysis of injuries
- Recreations of accident scenes
Your attorney will assess the evidence and let you know his or her opinion about whether you have a case.
How much does a Tappahannock personal injury lawyer cost?
From television and movies, many people think lawyers will cost them an extraordinary sum.
However, you likely won’t have to pay our personal injury lawyers out of your own pocket. We work on contingency, which means their pay comes as a percentage of your eventual insurance claim or court settlement.
If the case isn’t successful, you won’t owe your lawyer a thing. Yes, you read that correctly: if you don’t receive damage compensation, you won’t owe your attorney anything.
How long do I have to bring a Tappahannock personal injury case?
In general, the statute of limitations in Virginia for personal injury suits is two years. That means you have two years from the date of your injury (or the date the illness or other harmful condition manifested) to bring a suit.
Because evidence is so important in a successful case, however, the wisest course of action is to talk to an attorney as soon as possible after your injury. Evidence fades and can even become lost. Your injuries heal. The stronger and fresher the evidence, the more likely you will receive just compensation for your injuries.
If you need further information, contact Emroch & Kilduff today.
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:
Banks
- Essex Bank 1325 Tappahannock Blvd
- Sonabank 1665 Tappahannock Blvd
- Union Bank & Trust 1649 Tappahannock Blvd
Restaurants
Nearby Hotels
- The Essex Inn 203 Duke Street
- Holiday Inn Express & Suites Tappahannock 1648 Tappahannock Blvd