Richmond Personal Injury Lawyer

Areas Of Practice

If you’ve been injured, navigating the aftermath can feel overwhelming. At Latham & Martin, we handle a wide range of personal injury cases, working to ensure your rights are protected and your voice is heard. Here are some of the types of cases we handle:

Car Accidents

The roads are becoming more crowded every day, and accidents are on the rise due to drunk and distracted driving, speeding and other dangerous behaviors. We hold drivers accountable for their negligence & misconduct. We...

Tractor-Trailer Accidents

A collision with an 18-wheeler is devastating. We hold truck drivers and trucking companies liable for crashes due to drowsy truck driving, lack of vehicle maintenance, negligent cargo loading, and other preventable mistakes.

Motorcycle Accidents

Motorcycle riders take their safety seriously and take care to ride skillfully. But all the skill and experience in the world can’t save them from a negligent or distracted driver. We seek justice and compensation...

Pedestrian Accidents

Pedestrians have the right-of-way when crossing the street at Richmond crosswalks and intersections. Inattentive or impatient drivers who try to beat a light or don’t wait for pedestrians to cross safely put people’s lives at...

Bicycle Accidents

Cyclists are subject to all the rules of the road that apply to motor vehicle drivers, and motorists have a duty to share the road with bicycles. This includes giving them the space they need...

Workplace Accidents

Millions of workers are hurt every year in accidents at work and on the road. Your right to a safe workplace is paramount. We represent clients injured due to unsafe conditions, equipment malfunctions, or employer...

Construction Accidents

Construction work is dangerous enough without property owners, developers and contractors making the job unreasonably unsafe. We stand up for accident victims who weren’t provided with proper gear and a safe worksite.

Premises Liability

Property owners have a duty to keep their premises reasonably safe for their customers, guests & members of the public. This includes keeping floors and aisles free from hazards and providing adequate security on-site. Premises...

Catastrophic Injury

Life-altering injuries or the loss of a loved one can create unimaginable hardships. We provide compassionate and determined representation to help you navigate these challenging times. Our team is committed to securing compensation for medical...

Wrongful Death

In wrongful death cases, we help families find closure by holding responsible parties accountable and securing the resources needed for the future.

Defective Products

Manufacturers and distributors have a responsibility to ensure their products are safe for consumers. From faulty machinery to unsafe household items, we represent clients harmed by defective designs, manufacturing errors, or insufficient warnings. We handle...

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What Is Contributory Negligence?

Personal injury law differs from state to state, with each state deciding when to hold parties accountable for injuries caused by their negligence or misconduct, how long the injury victim has to file a claim, how much compensation can be recovered, etc. Each state has its own rules deciding these matters, and while many state laws are similar, there are significant differences in certain areas.

One such area deals with “contributory negligence,” also called “comparative negligence” or “comparative fault.” This topic answers the question of what to do if both parties are considered partly to blame for the accident. While most states allocate fault between the parties in a number of different ways, Virginia is one of only five jurisdictions that takes the strictest approach, known as pure contributory negligence. Read on for an explanation of contributory negligence and how it plays out in a car accident, slip and fall, or other injury involving negligence. If you’ve been injured and the at-fault party is claiming contributory negligence on your part, getting skilled and knowledgeable legal help is crucial. In Richmond and beyond, reach out to Latham & Martin for a free consultation with an experienced and dedicated Richmond personal injury attorney.

In most states, contributory negligence is known as “comparative negligence” and is defined in terms of how fault is allocated between the parties. The percentage of fault assigned to the victim determines whether the victim can pursue a claim for damages and how much they can receive. In Virginia, however, the doctrine of contributory negligence operates on a pure basis, meaning that if a plaintiff is found even 1% at fault for their injuries, they will be completely barred from recovering any damages at all. This strict rule applies to any type of personal injury in Virginia, including car accidents, motorcycle accidents, pedestrian accidents, slip and fall accidents, dog bites, and defective product injuries.

Examples of Contributory Negligence in Car Accidents

Distracted Driving: If one driver makes an unsafe lane change while the other driver was reading a text, both might be considered negligent.
Running a Red Light: If a driver runs a red light but the other driver was speeding, both parties might share fault.

Examples of Contributory Negligence in Motorcycle, Pedestrian, or Bicycle Accidents

Motorcycle Lane Splitting: If a motorcyclist is lane-splitting or white-lining in a way that’s considered reckless, they could be seen as partly responsible.
Jaywalking: A pedestrian crossing the street against a traffic signal or outside a crosswalk may be considered partly at fault if the pedestrian gets hit by a speeding, distracted or otherwise negligent driver.
Bicycle without Proper Lights: Riding a bicycle without proper lighting or reflectors might be thought to contribute to an accident.

Examples of Contributory Negligence in Slip and Fall, Dog Bite, or Defective Product Injuries

Ignoring Warning Signs: In a slip and fall case, if the victim ignored clear warning signs, they might be considered partly responsible.
Provoking a Dog: If a person provokes a dog leading to a bite, contributory negligence might apply.
Misusing a Product: If a consumer misuses a product against the manufacturer’s instructions and is injured, contributory negligence may be invoked.

At Latham & Martin, our experienced legal team understands the complexities of contributory negligence and is prepared to investigate and build a strong case to defeat this defense. Through meticulous examination of evidence, witness testimonies, and expert analysis, we strive to demonstrate that our clients were not at fault and to hold the responsible party accountable. This is a critical step that can make or break a case; skilled and knowledgeable representation is a must.

Our dedication to our clients ensures that we will fight relentlessly to protect their rights and secure the compensation they deserve. If the insurance company says you were partly to blame, don’t just take their word for it. Call Latham & Martin for advice about your options to pursue a claim.

Proving the Elements of a Personal Injury Claim

The plaintiff’s lawyer in Virginia must prove certain elements to establish a personal injury claim:

Duty of Care: The defendant owed a duty of care to the plaintiff.
Breach of Duty: The defendant breached that duty.
Causation: The breach directly caused the plaintiff’s injury.
Damages: The plaintiff suffered actual damages as a result.

Difficulties can arise at any step. If any one of these elements can’t be proven, the injury victim will not be able to achieve a full financial recovery or any recovery at all, in some cases.

How a Personal Injury Attorney Can Help

The party responsible for causing the injury, be it a negligent driver, nursing home owner, doctor or hospital, property owner, or some other party, is not always ready to admit their fault and offer a full and fair amount of compensation. Too often, their insurance company will deny liability, put the blame on the victim, dispute the injury, or try to settle the case for less than what it is worth. This is unfair to the victim and leaves them without the financial assistance they need and deserve when injured through no fault of their own.

Defendants and their insurance companies often attempt to avoid responsibility. Common excuses and defenses include:

Comparative Negligence: Arguing that the plaintiff was partially at fault. Any fault on the part of the injury victim, however small, can defeat a claim for compensation under Virginia’s strict rule of pure contributory negligence
Pre-Existing Conditions: Claiming the injuries were pre-existing and not related to the incident. If there was a pre-existing condition but the accident made it worse, the responsible party can still be held accountable for the additional damage. This can be difficult to prove without skilled legal assistance.
Failure to Mitigate Damages: Stating that the plaintiff failed to minimize their injuries or losses, such as by failing to see a doctor promptly or follow the doctor’s orders.

A plaintiff’s personal injury attorney is uniquely qualified to advocate on your behalf. A plaintiff’s personal injury attorney plays a vital role in the recovery process. They can aid in:

Negotiation with Insurance Companies: They negotiate with the defendant’s insurance company to secure a fair settlement.
Going to Trial: If a reasonable settlement is not possible, the attorney may take the case to trial to pursue appropriate compensation.

Recoverable Damages in Personal Injury Claims

In a personal injury claim in Virginia, different categories of recoverable damages include:

Economic Damages:

These cover tangible losses such as medical bills, lost wages, and property damage.

Non-Economic Damages:

These address intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive Damages:

Where the defendant’s conduct was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

Client

Testimonials

I cannot express enough how grateful I am for the outstanding legal assistance I received from Attorney Wiley Latham at Latham & Martin Law Firm. After a rear-end collision accident in Chester, I was left searching for an attorney who could truly understand my situation and fight for the justice and compensation I deserved. Mr. Latham exceeded all expectations.

What truly sets Mr. Latham apart is his commitment to his clients. He has an intimate understanding of the local laws and regulations, ensuring that my case was handled with expertise and precision. He’s not just an attorney; he’s a person who genuinely wants to help those in need.

The personalized support I received from Latham & Martin was unparalleled. They guided me through every step of the legal process, ensuring I had the assistance and guidance I needed. Their commitment to their clients sets them apart from high-volume law firms, and it made all the difference for me.

If you find yourself in need of legal assistance after a rear-end collision, I wholeheartedly recommend Attorney Wiley Latham at Latham & Martin Law Firm. Their expertise, dedication, and personal touch truly make them the ideal choice for personal injury cases.

F. Solomon

For it to be my first time my experience with Latham & Martin was very professional well organized and my case was handle in a timely manner very helpful and understanding team to work with will I ask for their assistance again YES I will you should try them if you ever need any help with motor accident body injures I want to say THANK YOU for all your help one more time

Katrina O.

Just wanted to tell of our experience with lawyers Latham & Martin. My husband was in a bad car accident that was not his fault, his car was totalled and was in the hospital 5 days 4 in ICU. We knew we need a lawyer. My daughter had been in an accident years before also not her fault and she recommended the firm Kelly was with. Since that time he and Mr. Latham started their own firm. We met with Kelly Martin, who graciously came to our home to speak with us. He explained everything he would be doing, advised both of us of what steps we needed to take, explained the contract in detail, including breakdown of what they would do for us. Within 5 months we have settled with insurance and received our settlement. This is amazing after hearing people say it took YEARS to get a settlement. We would highly recommend Latham & Martin, our experience with Kelly, who was experienced, and trustworthy, available and capable. We would rate the services provided us as a 10 out of 10!

Darlene B.

Professional, responsive and I was very happy with my outcome. Class act all the way!

Lauren W.

Mr. Latham represented me in a personal injury case. He was very attentive and caring. If I should need another personal injury firm, I would definitely call them.

Andrei W.

I highly recommend this firm. “Efficiency and punctuality are hallmarks of their service”. Attorney Martin, really worked hard for me which enabled me to fully heal from my car accident physically and mentally. You will not be disappointed with them. I wish this firm many BLESSINGS!!

Felicia F.

Kelly Martin is simply the BEST!!! His unwavering support and fierce advocacy on my behalf have been truly remarkable!

Phillip W.

Great Experience from start to finish! Stayed in constant communication the entire process and explained everything throughly, which I really appreciate when it came to my auto accident. Definitely will go above and beyond for case. I’m glad I was referred to Latham & Martin.

Colby T.

Really helpful throughout the whole car accident/insurance process. Helped me to understand the process of everything clearly and pretty much a stress less event since they did everything for me

Krista

Wonderful working with Mr.Martin! He got my settlement done around 8months time frame! Best in Richmond,City.

Brandice M.

Could not recommend working with Latham & Martin enough. Kelly was responsive, caring, professional, and he got us way more than we could have ever expected on our case. It really was effortless on our part, especially following our accident when things were more hectic in our world. They really do fight on your behalf.

Katelin H.

I went through a tough car accident and Mr. Martin’s firm helped me out tremendously. Mr. Martin called to check on me numerous times and help fight for what I deserved. He was very caring and helpful, when needed. I would recommend his firm to anyone that has to go through a tough time like had to unfortunately. Thank you for all your help.

Chris J.

I highly recommend Latham and Martin. Mr. Latham is very knowledgeable and he responded quickly and effectively to my situation. The results could not have been any better. He is at the top of my list of recommendations for legal help with an accident case.

Dee B.

I highly recommend Latham & Martin. Kelly Martin represented me in regards to my car accident. He was extremely professional, diligently pursued my claim, and explained my options. Kelly kept me apprised of the developments on my claim and I always felt like I was in the best hands and that Kelly had my best interests in mind.

Jen C.

Mr Martin was so professional and nice. I just love the fact that he kept me informed about everything and was concerned about my well being. I went to other lawyers and was told they could not help me I want to thank Latham&Martin for all their help. Thank you

Minnie M.

I would like to express my most sincere thanks and appreciation to Kelly Martin. I was very impressed with the Professional Service that was provided to me. Mr Martin kept me informed with the updates of my case and he acknowledged my decisions and understood my point of views. I could not have asked for a better Law Firm to represent me. I will definitely recommend your firm to family and friends if ever needed. Again thank you Kelly Martin.

Ruth J.

Thank you Attorney Kelly Martin from the law firm of Latham and Martin for the outstanding service you provided to me regarding my case. Attorney Martin was always available to answer any questions or concerns that I had regarding my case. Attorney Martin throughly reviewed the evidence of my case and prepared and exceptional strategy. Attorney Martin exceptional knowledge, care, concern, and commitment to my case led to an outstanding outcome. Thank you Attorney Martin.

John M.

I had the privilege of working with Mr. Latham for my auto accident case. He was very professional, patient an reassuring on the process with me. Definitely would recommend to anyone who gets into an auto accident.

Shanice J.

I would like to highly recommend Latham & Martin. Mr. Latham was a huge help in helping me after my car accident. The entire process was very professional and done in a timely fashion. I really appreciate the way my case was handled!

Nicholas H.

Attorney Martin handled our case with sensitivity and professionalism. He was thorough and acted with integrity. He followed through with everything and communicated with us often and honestly. If you need an attorney, you cannot go wrong with Attorney Martin at Latham & Martin.

Kim E.

I have experienced larger law firms in the Richmond Area that have all the billboards and commercials and it is not what it seems. I decided to look a other firms and thankful I found Latham & Martin. Very experienced and very attentive to all of their clients. The attorneys and staff work together to get the compensation you deserve. 110% Recommend!

Pauline E.

I’m very thankful for all the time and hard work Kelly Martin put into my case. I always received a response in a timely manner and I was made aware of all updates as they came. He was kind, courteous, communicative, and absolutely exceeded my expectations! Choosing Latham & Martin was the silver lining during one of the most stressful times of my entire life.

Suzanna M.

I recently had the pleasure of working with Latham & Martin, a personal injury law firm based in Richmond, VA. From the very beginning, Mr. Latham and his team demonstrated exceptional patience and diligence. They took the time to ensure I fully understood all my options before proceeding, which was incredibly reassuring during a stressful time.

Latham’s extensive knowledge and unwavering integrity were evident throughout the entire process. His ability to explain complex legal matters in a way that was easy to understand made me feel confident and well-informed. I truly trust Latham and his team, knowing they always had my best interests at heart.

I would highly recommend Latham & Martin to anyone in need of a personal injury attorney. Their commitment to personalized service and one-on-one attention is unmatched. If you’re looking for a team that combines expertise with genuine care, look no further than Latham & Martin. I appreciate you all working with me. Thanks again.

J. Wash

I am very happy for their representation they have done an excellent job, in a considerably fast time, very friendly with their customers and above all responsible, thank you very much for helping me

Diego M.

These guys were fantastic. They answered any and all questions I had throughout the process, and handled every single thing. I couldn’t be happier with the representation I got from Kelly Martin. It was obvious to me from the start I had called the right people… if you want the best representation in the business – call Latham and Martin

John L.

I couldn’t thank Kelly enough for all the help he gave me through this process. I was less stressed trying to figure how everything needed to be taken care of for these insurance. Had it not been for him & all his knowledge I don’t know how we would’ve gotten through the entire claim!! Definitely keeping them close & recommending them to everyone I know in the same situation as me!

Georgina V.

Virginia Personal Injury FAQs

Dealing with a personal injury can be overwhelming. You are hurt, in pain, perhaps with limited ability to work or get around, and all the while you have to keep up with doctor appointments, bills, and managing your life while also trying to deal with a personal injury claim so you can get compensation for the harm done to you by another’s negligence or wrongful misconduct. Getting answers to your most burning questions can help put you at ease and facilitate the process of pursuing a claim, but you might not even know all the right questions to ask.

At Latham & Martin, our attorneys have practiced personal injury law in Richmond for over ten years. We’ve dealt with all kinds of cases and worked with all kinds of clients, and we know a lot of the questions that are likely on your mind right now. Below, we’ve provided answers to some of the questions we get most often as we help injury victims get justice and compensation for their injuries.

Personal injury law involves legal proceedings that allow an individual to receive compensation for physical, emotional, or psychological harm caused by another party’s negligence or intentional misconduct. It includes various scenarios, such as car accidents, slip and falls, dog bites, nursing home neglect and abuse, medical malpractice, defective products, and more.

Personal injury law is an often challenging area of law, but it is extremely satisfying as an attorney to be able to help people in need obtain justice and compensation when they have been hurt by the negligence or fault of another and could not achieve a full and fair recovery without professional legal assistance. The attorneys at Latham & Martin are well-versed in this area, each with over a decade of legal experience dedicated to assisting clients in recovering maximum compensation for injuries.

Our experienced personal injury attorneys can evaluate your case, gather evidence, negotiate with insurance companies, and represent you in court if necessary. We take on every aspect of your claim so you can focus on getting better and getting your life back in order. We work diligently to secure maximum compensation through settlement or trial.

Navigating the personal injury claims process can be confusing, especially when you are focused on recovery. At Latham & Martin, we guide our clients through each step, from filing the initial claim to negotiating with insurance companies and, if necessary, representing them in court. We understand the importance of transparency and keep our clients informed at every stage. Our goal is to simplify the legal process so you can concentrate on your health and well-being, knowing that your case is in capable hands.

The key elements to prove in a personal injury claim are the duty of care, breach of that duty, causation linking the breach to your injury, and actual damages suffered. Proving these elements requires an understanding of Virginia personal injury law and how it applies to the specific facts of your case.

Common defenses include claiming the plaintiff was partially at fault, asserting that the injuries were pre-existing, or stating that the plaintiff failed to minimize their injuries or losses.

Damages are categorized into economic (medical bills, lost wages, etc.), non-economic (pain and suffering, emotional distress, etc.), and in rare cases, punitive damages meant to punish particularly egregious conduct.

If you have other questions or need immediate assistance with your personal injury claim, call Latham & Martin for a free consultation with a knowledgeable and experienced Richmond attorney.

About us

Personalized Attention from Skilled, Compassionate and Experienced Attorneys

At Latham & Martin, we understand the overwhelming pain and confusion that follows a personal injury or wrongful death. Our experienced attorneys are here to guide you through this difficult time with empathy, understanding, and skilled legal representation.

Our partners, each with well over ten years of exclusive practice in plaintiff’s personal injury law, bring their vast knowledge and dedication to every case. Having spent years practicing at a high-volume billboard law firm, Wiley Latham & Kelly Martin joined forces to create a law firm devoted to delivering individualized attention to every client. Here, you aren’t referred to by your case number. We know your name, and when you call our office, you’ll get to speak directly with one of our highly experienced attorneys. Our approach isn’t only designed to get you the best results but to ensure you are treated with the respect and attention you deserve.

Our combined two decades-plus of legal practice includes plenty of trial experience in addition to settling cases out of court. We are prepared to handle your case effectively no matter what the situation and to achieve results you’ll be happy with. If we can’t recover compensation for you, we won’t charge you any fee. Your initial consultation is free as well, so it costs you nothing upfront to have us review your case and go to work on your behalf.

Compassionate Legal Advocates Fighting for Justice

At Latham & Martin, we are dedicated to providing expert legal assistance for individuals injured due to someone else’s negligence or misconduct in Richmond, Virginia, and the surrounding areas. Our mission is simple—to help you receive the justice and compensation you deserve while offering client-focused service that always puts your needs first.

When you work with us, you’re not just another case. You become part of the Latham & Martin family. Expect personalized attention, one-on-one communication, and compassionate support throughout your legal process. We pride ourselves on being not only highly skilled advocates but also empathetic allies in your time of need.

Why Choose Latham & Martin?

Experienced Attorneys: With over 10 years of exclusive practice in personal injury law, our attorneys have the expertise to handle even the most complex cases.
Personalized Service: At Latham & Martin, every client knows their attorney by name. We’re committed to building trust and understanding your unique circumstances.
Proven Advocacy: From minor injuries to catastrophic events, we have a track record of achieving favorable outcomes for our clients.
Client-Centered Approach: Our focus isn’t just on results but also on providing clarity, support, and justice. We’re here to guide you every step of the way.

Latham & Martin was founded with a singular vision—to create a law firm that prioritizes individualized attention to every client.

Direct Access to Attorneys: When you call, you’ll speak directly with Wiley or Kelly, not a paralegal or case manager. Your case deserves their full attention.
Tailored Strategies: We don’t use cookie-cutter solutions. Every case receives a customized strategy designed to achieve the best possible outcome.
Results with Respect: While we aim for favorable results, we also prioritize respect, clarity, and support for our clients throughout the legal process.

Seeking justice after an injury is about more than financial compensation—it’s about reclaiming your life and ensuring accountability. When you choose Latham & Martin, you’re choosing a law firm that values integrity, transparency, and determination.