The Kendall Law Firm is proud of our record of delivering positive results for our clients in Charlottesville, Winchester, Harrisonburg and areas throughout central Virginia and the Shenandoah Valley. We have shared a few of those results below.
Please keep in mind that every case is different. We do not share our firm’s past results with any intent to imply that the same or a similar result can be reached in your case.
However, we do believe our past results indicate our firm’s experience with serious personal injury and wrongful death cases in Virginia.
Whether you can seek compensation – and the amount of compensation which you can pursue – will depend on the unique facts and legal issues in your case as well as your own goals. Our goal is to tailor our legal services to meet those goals.
If you would like to discuss your case in a free consultation, please feel free to contact us today by phone or through our online form.
Our firm represented a fourth grade student and his family in this school bus accident case. The child suffered a closed head injury while riding a bus that was struck by a bob-tailing truck. We hired a life-care planner and an economist to provide insight on the child’s future loss of earnings. The case settled on the second day of trial.
In this case, we represented a young woman whose husband was killed in a head-on collision with a commercial truck in Winchester, VA. The case settled for $1,500,000.
We represented an 83-year-old great grandfather who was struck head-on by a box truck. He fractured his arm and leg and required screws and plates in his ankle and elbow. His case settled for $600,000.
In this case, a middle-aged manager was rear-ended, causing minimal property damage to his trailer hitch. His injuries required back surgery. We hired an engineer from North Dakota to discuss the force of the impact in court. The case settled in mediation.
Our client, a waitress, was on her way to work when she got into a head-on collision with a driver who was passing on road with a double yellow line. She fractured her pelvis. Her case settled for $250,000.
In this case, a woman with previous back problems stepped on her brake to avoid hitting an animal in the road. The driver behind her rear-ended her vehicle. The crash resulted in minor damage to both vehicles. The woman required back surgeries as a result of the accident. The insurance company made a low settlement offer. So, we filed suit. The woman’s case then settled for $200,000.
We represented a woman who was struck by a drunk driver in the early morning hours. She required eye surgeries for a detached retina. Her case settled for $120,000.
Our client, an elderly woman, was run off the road by a commercial truck. She suffered aggravation injuries to her life-long pre-existing polio condition. Her case settled for $110,000.
Our firm represented a young female passenger who was badly hurt when her friend’s car left the road and rolled down a ravine on the Blue Ridge Parkway. Her medical bills exceeded $700,000. She had no health insurance. We were able to get her out from under her medical bills by getting the hospital to significantly reduce the balance. She received approximately $20,000 from the settlement to invest in her future.
Our client, a pregnant foreign national pedestrian, was hit by a vehicle in front of a hospital. The driver was charged for the accident. The driver’s insurance company initially refused to accept responsibility, maintaining that our client was not in the crosswalk. Our client was thoroughly prepped for her traffic hearing testimony in court. Afterwards, her case settled for $95,000.
In this case, a 45-year-old woman was struck from behind as she turned into a gas station. Her vehicle rolled onto its side and slid, causing the driver’s window to break. She sustained a shoulder injury, and her bills exceeded $9,000. The insurance company’s first offer was only $10,000. So, we filed suit and secured a trial date. The case then settled for $50,000.
How Much Can You Recover In Your VA Personal Injury / Wrongful Death Claim?
Many accident and injury victims in Virginia who reach out to our firm want to know, “How much is my case worth?” As we always explain, that question can only be answered after conducting a thorough investigation that looks into the following factors:
To be eligible for any compensation, you must first establish that one or more parties caused your injuries through their careless, reckless or intentional acts or omissions.
For instance, did you suffer traumatic brain injury because a driver negligently ran through a red light and hit your car? If so, you may have a right to pursue compensation.
You must also establish that you have suffered actual physical, emotional and financial damages, including:
Past and future medical expenses
Lost income and diminished future earning ability
Pain and suffering.
Our goal will be to determine the full extent of your damages. We will review your medical records, billing statements, work records and other information to determine the damages that you have already incurred. We also will consult with life-care planning specialists, economists and other experts to calculate future damages that should be compensated.
Keep in mind that wrongful death cases involve a different set of damages, including funeral and burial expenses and loss of a loved one’s financial support. Typically, experts must be consulted to determine those damages as well.
In some cases, the at-fault party’s conduct may be so egregious that punitive damages should be pursued.
The amount that is available through insurance policies also is an important factor. To maximize your recovery, it will be important to identify all available insurance coverage.
Policies that come into play in your case may include the at-fault party’s coverage – such as auto insurance liability, homeowner’s insurance or commercial liability coverage.
Your own insurance may be a source of compensation as well. For example, a claim may be filed through your own uninsured motorist/underinsured motorist (UM/UIM) coverage.
Virginia is one of only a handful of states that follows the doctrine of pure contributory negligence. Under this doctrine, you can be barred from recovering any damages if you are even slightly at fault – as little as 1 percent. Only a few exceptions apply to this rule.
Contributory negligence often is raised as a defense – especially in motor vehicle accident cases and cases involving collisions between motorists and motorcyclists, bicyclists or pedestrians.
You can count on Kendall Law Firm to vigorously challenge any attempts to put undue blame on you.
Settlement or Verdict
The amount that may be obtained in a case can also depend on whether a settlement is reached ahead of trial or whether a case goes before a jury.
If you accept the at-fault party’s settlement offer, then you will know for certain how much you will receive in compensation. However, if the case goes to trial, you will have to wait and see what the jury awards. It could be an amount that is higher or lower than the at-fault party’s last settlement offer.
In some cases, a case may be resolved through a settlement while a trial is in progress or even after a verdict is reached.
Again, all of these factors must be taken into account when determining how much you can possibly recover in a personal injury or wrongful death case in Virginia.
Our Virginia Personal Injury Lawyer Is Ready To Help You
When you work with Kendall Law Firm, we will represent you on a contingency fee basis. This means that payment for our legal services will be contingent on whether we can obtain a financial recovery for you. If we do not secure a verdict or settlement for you, we will be paid nothing.
If you believe that you or a loved one has been harmed by the wrongful conduct of another, contact us to receive a free and confidential review of your case.
Virginia requires that a personal injury or wrongful death claim be filed within a certain period of time after an accident or death occurs.
So, you should get in touch with us at our offices in Charlottesville, Harrisonburg, Winchester, Staunton or Woodstock as soon as you are ready to take legal action. We can go to work for you today.