Award-Winning Attorneys Fighting for Catastrophic Injury Victims Across Virginia
Quick Answer: What Makes MartinWren, P.C. Different?
First, we fight and we win: we had 3 of the 14 largest jury verdicts in Virginia in 2023. No other firm had more than one.
Second, we have a husband and wife trial team that has consistently beaten the best settlement offers of insurance companies.
Bob and Lauren Byrne
Third, we have Virginia’s first and only attorney who is board certified in Truck Accident Law. That shows we successfully handle the most complex and catastrophic injury cases.
Call us today for a free case review.
For a free legal consultation with a personal injury lawyer, call (434) 817-3100
After a Serious Accident, You’re Facing an Uphill Battle
Imagine this: You’re recovering from a traumatic brain injury after a truck crash. Medical bills are piling up. You can’t work. The insurance company offers you $50,000, which is a fraction of what you need. The insurance adjuster argues you were “partially at fault” for the crash, which under Virginia law means you get zero, so the $50,000 offer seems generous.
This is the reality of catastrophic injury cases in Virginia. You need more than a personal injury lawyer who handles fender-benders. You need trial attorneys who’ve won million-dollar verdicts in state and federal court, who understand the medical complexity of brain and spinal cord injuries, and who aren’t afraid to take your case to trial when insurance companies refuse fair compensation.
At MartinWren, P.C., that’s exactly what we do.
What Makes MartinWren Different: Results That Speak for Themselves
Virginia’s Only Board Certified Truck Accident Attorney
Robert E. Byrne, Jr. holds the unique distinction of being Virginia’s only Board-Certified Truck Accident Attorney through the National Board of Trial Advocacy. This isn’t a marketing gimmick — it’s a credential that requires specialized examination, extensive commercial motor vehicle litigation experience, and peer recognition. When you’re facing multi-million dollar trucking companies with teams of defense lawyers, board certification matters.
Three of Virginia’s Top 14 Jury Verdicts in 2023
Our trial team secured three of the fourteen largest jury verdicts in Virginia in 2023:
- $3.5 million verdict in Roanoke federal court for a client with traumatic brain injury after a tractor-trailer rollover on Interstate 81
- $2.5 million medical malpractice verdict in Fairfax Circuit Court for a client who underwent cesarean section without anesthesia (on appeal)
- $1.75 million verdict in Albemarle Circuit Court for a driver with TBI after being hit by an out-of-control dump truck on Interstate 64
These aren’t settlements where insurance companies paid to avoid trial. These are jury verdicts where we proved your case in court. And this doesn’t even count the many millions of dollars we have recovered in settlements.
Husband-and-Wife Trial Team Focused on Catastrophic Injuries
Bob and Lauren Byrne form a unique trial partnership. Together, they bring decades of combined experience in catastrophic injury litigation, with a focus on cases involving traumatic brain injury, spinal cord damage, and wrongful death. This isn’t a high-volume practice churning through cases — our Charlottesville personal injury attorneys take on complex litigation that demands medical expertise, federal regulatory knowledge, and courtroom skill.
Tens of Millions of Dollars Recovered for Virginia Injury Victims
Our results include:
- $5 million mediated settlement for pedestrian with TBI struck by city vehicle
- $4 million settlement for truck driver with brain injury and orthopedic injuries
- $1.5 million policy limits settlement for pedestrian hit in crosswalk (mild TBI)
- $1.3 million wrongful death policy limits settlement in commercial vehicle case (without filing lawsuit)
View our complete verdicts and settlements
Virginia Personal Injury Lawyer Near Me (434) 817-3100
Types of Catastrophic Injury Cases We Handle
Truck Accident Cases
Commercial truck crashes often result in the most severe injuries. Our Virginia car and truck accident lawyer handles cases involving:
- Federal Motor Carrier Safety Regulations violations
- Electronic logging device (ELD) evidence
- Black box data recovery
- Freight broker liability
- Hours-of-service violations
- Tractor trailer crashes on Virginia’s busy highways like I-81, I-95, I-66, and I-64
As Virginia’s only Board-Certified Truck Accident Attorney, Bob Byrne understands the complexities of federal trucking law that many personal injury lawyers miss. In one case, we used black box data showing the truck driver was at fault in a Charlottesville tractor trailer crash, allowing us to settle for policy limits for our client with a traumatic brain injury.
Learn more about Virginia truck accident cases
Traumatic Brain Injury (TBI)
Brain injuries change lives forever. We’ve handled brain injury cases in every are of the Commonwealth involving:
- Coup-contrecoup injuries
- Diffuse axonal injury
- Post-concussion syndrome
- Cognitive impairment and memory loss
- Behavioral changes and personality disorders
Brain injury cases require medical experts who can explain complex neurological damage to juries. We work with neuropsychologists, neuroradiologists, and life care planners to document the full extent of your injury — not just your immediate medical bills, but the lifetime costs of care, therapy, and lost earning capacity.
Read our guide to Virginia TBI cases
Spinal Cord Injuries and Paralysis
Spinal cord damage often results in paraplegia or quadriplegia, requiring lifetime medical care and home modifications. We’ve recovered millions for clients facing:
- Wheelchair accessibility needs
- In-home nursing care
- Adaptive equipment costs
- Vocational rehabilitation
- Loss of enjoyment of life
Wrongful Death Claims
When negligence takes the life of someone you love, no amount of money can replace that loss. But Virginia law allows surviving family members to recover compensation for:
- Loss of companionship and guidance
- Mental anguish and suffering
- Lost financial support
- Funeral and burial expenses
We’ve secured wrongful death settlements exceeding $1 million, including cases where we obtained full compensation without filing a lawsuit.
Understanding Virginia wrongful death claims
Other Serious Injury Cases
Our practice also includes:
- Pedestrian accidents
- Birth injuries
- Medical malpractice
- Burn injuries
- Dog bites
- Workplace injuries with third-party liability
Virginia’s Harsh Contributory Negligence Rule: Why Many Injury Cases Lose
Here’s what most Virginians don’t know: The defense will argue that if you were even 1% at fault for your accident, you cannot recover any compensation. Zero. This is called “contributory negligence,” and it’s one of the harshest legal rules in America.
In most states, if you’re 20% at fault for an accident, you can still recover 80% of your damages. Not in Virginia.
How We Defeat Contributory Negligence
Experienced Virginia trial lawyers know how to navigate around contributory negligence through:
- Last clear chance doctrine: If the other driver had the final opportunity to avoid the crash, you may still recover
- Willful and wanton negligence exceptions: Reckless conduct can overcome contributory negligence
- Preserving evidence: Dashboard camera footage, witness statements, and accident reconstruction often prove you were not at fault
We’ve won cases where insurance companies initially claimed contributory negligence — including a hotly disputed wrongful death trucking accident where the responding police officer testified that she would have charged our deceased client with reckless driving if he had survived the crash. We settled that case for $750,000.
Read our complete guide to Virginia’s contributory negligence rule
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What You Can Recover in a Virginia Injury Case
Virginia law allows you to seek compensation for both economic and non-economic damages:
Economic Damages (Actual Financial Losses)
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Property damage
- Out-of-pocket costs for medication, transportation, and medical equipment
- In-home nursing care and rehabilitation
Non-Economic Damages (General Damages)
- Pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of consortium (for spouses)
Virginia does not cap compensatory damages in most personal injury cases, but punitive damages are capped at $350,000. This means if the defendant’s conduct was particularly reckless, you may recover additional punishment damages.
Understanding general damages in Virginia cases
Real Case Example: In our $4 million truck accident settlement, our client suffered traumatic brain injury that prevented him from returning to work as a commercial driver. His damages included not only his immediate medical bills, but also projected future medical costs, loss of lifetime earning capacity, and compensation for permanent cognitive impairment.
Our Process: How We Handle Your Virginia Injury Case
Step 1: Free Consultation and Case Evaluation
We begin with a no-obligation consultation where we listen to your story, review your medical records, and assess the strength of your case. We’ll tell you honestly whether you have a viable claim under Virginia law or if contributory negligence poses problems.
Step 2: Evidence Preservation and Investigation
Time is critical. In truck accident cases, electronic logging devices and black box data can be destroyed if not preserved immediately. We send spoliation letters to trucking companies, obtain police reports, photograph crash scenes, and interview witnesses before memories fade.
Step 3: Medical Documentation and Expert Consultation
Catastrophic injury cases require medical experts who can explain your injuries to insurance adjusters and juries. We work with neurologists, orthopedic surgeons, life care planners, and vocational experts to document the full extent of your damages.
Step 4: Demand and Negotiation
Once we’ve built your case, we present a comprehensive demand package to the insurance company. Many cases settle at this stage when insurers realize we’re prepared to go to trial.
Step 5: Litigation and Trial
If the insurance company refuses fair compensation, we file a lawsuit and take your case to court. Our trial team has proven success in federal courts, circuit courts, and at the Virginia Supreme Court.
No Fee Unless We Win: We handle all catastrophic injury cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Complete a Free Case Evaluation form now
Why Virginia Cases Are Different: What Out-of-State Lawyers Miss
Two-Year Statute of Limitations
Virginia law gives you only two years from the date of injury to file a lawsuit. Miss this deadline and your case is permanently barred. There are limited exceptions:
- Injuries to minors (statute tolls until 18th birthday)
- Discovery rule for medical malpractice
- Defendant’s absence from Virginia (tolling may apply)
Contributory Negligence Complicates Many Cases
As explained above, Virginia’s 1% contributory negligence rule is unforgiving. You need a Virginia-licensed attorney who understands how to defeat this defense. Do NOT accept a nuisance value settlement due to alleged contributory negligence without speaking with us first.
No General Damages Cap (In Most Cases)
Unlike Maryland, which caps non-economic damages, Virginia allows unlimited recovery for pain and suffering in most personal injury cases. This is why catastrophic injury verdicts can exceed $3 million.
Virginia-Specific Evidence Rules
Virginia courts follow unique evidentiary rules that differ from federal practice. Our attorneys practice regularly in Virginia state and federal courts and understand these procedural nuances.
Frequently Asked Questions
How long do I have to file a personal injury claim in Virginia?
Two years from the date of injury in most cases. For wrongful death, the statute runs from the date of death, not the date of the accident that caused the death. Some exceptions exist for minors and medical malpractice cases, but don’t wait — evidence disappears and witnesses’ memories fade.
What if I was partially at fault for the accident?
Virginia’s contributory negligence rule means if your fault contributed to your injuries, you cannot recover damages. However, experienced trial lawyers know exceptions and strategies to defeat contributory negligence defenses, including last clear chance doctrine and gross negligence arguments.
How much is my Virginia injury case worth?
Case value depends on multiple factors: severity of injury, medical expenses, lost wages, permanency of disability, egregiousness of the defendant’s conduct, and impact on quality of life. Every case is different, but we provide honest case valuations during your free consultation.
Should I accept the insurance company’s settlement offer?
Probably not. Insurance companies make lowball offers hoping you’ll accept before understanding the full extent of your injuries. Unless you are certain that you are receiving every penny of available insurance coverage and assets from all parties, never accept an offer without consulting an experienced Virginia personal injury lawyer.
Do I have to go to court?
Not necessarily. Many cases settle through negotiation or mediation. However, you need a trial lawyer who’s willing to go to court if the insurance company refuses fair compensation. Our three top 14 jury verdicts in 2023 show we’re not afraid of the courtroom.
What if the driver who hit me didn’t have insurance?
You may still recover through your own uninsured/underinsured motorist (UM/UIM) coverage. Virginia law requires insurance companies to offer UM/UIM coverage, though many people decline it without understanding the consequences. We will also look for all potentially involved parties.
Don’t Let Virginia’s Tough Laws Defeat Your Case
You didn’t ask to be injured. You didn’t ask for medical bills you can’t pay, a job you can’t return to, or a life that’s forever changed. But Virginia’s contributory negligence rule doesn’t care about fairness — it cares about legal technicalities.
That’s why you need trial attorneys who know how to win in Virginia courts. Attorneys with board certification in truck accident law. Attorneys who’ve secured three of Virginia’s top 14 verdicts in a single year. Attorneys who’ve recovered millions for catastrophic injury victims.
Call us today for your free consultation. We serve clients throughout Virginia, from Charlottesville and Richmond to Roanoke and Fairfax. We’ll meet you at your home, hospital, our offices, or virtually.
Time is running out on your claim. Don’t wait until evidence disappears or the statute of limitations expires. Call now.
Call (434) 817-3100 or complete a Free Case Evaluation form
