Personal Injury & Professional Malpractice

The personal injury attorneys of Tremblay & Smith specialize in helping persons who have been injured by the carelessness of others.  We have a state-wide practice, having tried cases in jurisdictions throughout Virginia.  We focus our efforts on enforcing basic rules of care and safety for those who have been harmed by the carelessness of others.  Whether our clients were harmed by a doctor, an attorney, a company, or a driver, we attend to failures to take responsibility for making choices which put people in harm’s way.  We enjoy helping clients through what can be a complex, unpredictable process, and we employ all of our experience and expertise to help each deserving client prevail.

Thomas E. Albro
Thomas E. Albro

Medical Malpractice
Motor Vehicle Collisions
Trucking Accidents
Wrongful Death
Products Liability
Legal Malpractice
Defamation
Traumatic Brain Injury

Most of our clients find us from attorneys who refer them to us.  We are grateful to our colleagues who have recognized our results and determination to work diligently and thoughtfully on behalf of our clients.

We have achieved substantial verdicts and settlements in medical malpractice, legal malpractice, defamation, products liability, and automobile crash claims.  We publish articles in our field in attorney journals and we frequently teach seminars to other attorneys on personal injury law and trial advocacy.  We have been active as board members and committee chairs of bar groups which help us stay up to date on the latest changes in the law.  We are constantly evaluating our trial advocacy skills to outperform in the areas in which we have focused our careers.  We have been gratified to achieve recognition by selective peer groups and by invitation-only organizations for our work.  You can see the honors and recognition we have received in our biographical sections.

We do not publish specific results in cases because these may be misleading.  Every case turns on its own facts.  You will not find information we have purchased from others to display on our website.  All of the information you find on this site is our own and is not written by marketing consultants. We have provided links to other sites with helpful information.

Medical Malpractice– Medical malpractice can occur when a doctor, nurse, hospital, clinic, or nursing home fails to provide adequate medical care. Most of our clients are reluctant to bring claims because they never thought they would have to file a lawsuit.  Not everyone has a strong case and our firm is highly selective in accepting new cases.  You will find that we conduct a thorough investigation early and our best clients are those who seek out the best information available concerning the hiring of an attorney.  An attorney at our office will analyze relevant information, and work with you to determine whether you should pursue a claim. If you believe you or a loved one has been seriously injured by medical negligence, please contact Tremblay & Smith, PLLC for a free consultation.

When reviewing a potential medical negligence case, we are careful not to take on a doubtful claim. A poor result alone does not necessarily mean there is a case. Medicine is not a perfect science and some risks are inherent in many medical procedures. However, when a medical provider deviates from the acceptable standard of medical care, and that mistake results in serious injury, we specialize in prosecuting malpractice to the full extent of the law.

Motor Vehicle Collisions – Tremblay & Smith, PLLC represents many clients whose injuries result from auto accidents in Virginia. Anyone who operates a motor vehicle must use reasonable care to avoid injuring another person. The failure to do so constitutes negligence, and the driver of the vehicle that caused the car crash can be liable for damages, including lost wages, loss of income, medical expenses, mental anguish, and other harms resulting from the collision. If you have been hurt by a negligent driver, we will prosecute your case fully to make up for all the harm you have experienced. Pleasecontact us for a free consultation. Time can be of the essence to preserve evidence so contact us immediately if you are able.

It is important to take some initial steps toward making sure your injury claim can be prosecuted as quickly as possible:

  • Write down everything you can remember about how the injury occurred, including the names, addresses and phone numbers of potential witnesses, police officers, insurance company representatives (or company or workers’ compensation representatives if it was a work injury).
  • Talk to a Virginia personal injury lawyerbefore making any statements, written or verbal, to insurance company adjusters or representatives.
  • Let anyone you think may be responsible for the injury know right away that you are intending to file a claim against them.
  • Take steps to protect any evidence you may need to prove your injury, such as your vehicle, photographs of an accident and the injury scene, clothing you were wearing, damaged personal belongings, and so forth.

Trucking accidents – Our law firm has extensive experience in litigating accidents involving trucks and tractor-trailers. Trucking accidents account for a high percentage of motor vehicle fatalities. Common causes of trucking accidents include driver fatigue, jackknifing, rollovers, inexperience, overloaded or improperly loaded trucks, and improperly maintained trucks. Motor carrier safety regulations often apply.

Thomas M. Hendell
Thomas M. Hendell

Our attorneys will determine who was at fault and assess the full extent of your injuries with the assistance of qualified medical professionals. We employ experts in collision reconstruction and examine every detail of your case. Time can be of the essence to preserve evidence so contact us immediately if you are able.

Wrongful Death – If a person has died as a result of negligence, the family of the deceased may hold a wrongdoer responsible for the loss of a loved one.  The fatality could be caused by an auto accident, premises liability, work injury, medical malpractice, construction accident, nursing home neglect or abuse, or from other types of negligence.

Family members may be entitled to recover for several types of damages and losses, including:

  • The pain, suffering and grief of the surviving family members
  • Funeral expenses
  • Medical bills and expenses
  • Loss of the future earnings of the deceased
  • Punitive damages

If you have suffered the loss of a loved one due to negligence please contact Tremblay & Smith, PLLC immediately for a free consultation.

Products liability – Injuries can occur in seemingly harmless situations when products used in everyday life are defective or suddenly malfunction. Consumers rightly expect the things we use daily in our homes and workplace to function properly. When manufacturers, distributors, suppliers, or retailers provide a product that fails and causes injury to you or death to a family member, we hold them accountable.

It is vital to immediately contact an attorney if you have been seriously injured or if you have lost a family member due to a defective product.  Preserving the malfunctioning product is essential to maintaining your case.

If you have been injured by a commercial product because of a defective design, because it was defectively manufactured, or because you were not adequately warned about a product’s inherent dangers, contact us for a free consultation.

Legal Malpractice – Lawyers can be held liable for malpractice because of professional negligence or because they have violated their client’s trust. The attorney’s misconduct or incompetence must have directly caused you injury or economic harm.

Legal malpractice includes a wide variety of claims, such as:

  • Missed deadlines, such as failing to file a lawsuit within the time frame required by the Statute of Limitations
  • Failure to file a notice of intent or other documents that form the foundation of a legal case
  • Failure to comply with court orders
  • Failure to sue the correct defendant
  • Failure to file insurance claims or filing under incorrect insurance policies
  • Failure to obtain the required expert opinion, or failure to hire the right expert in a medical malpractice case
  • Not ensuring the protection of a minor’s interests in a lawsuit
  • Other legal mistakes

In a legal malpractice case, it is essential to hire an attorney who will do the detail-intensive and time-consuming work necessary to build the strongest case possible. Contact us for a free initial consultation.

Defamation – Defamation involves damaging the reputation of another party either through written or oral communication. If one business or individual defames another business or individual, the injured party may be able to seek reparation for harm done to them including the damage to their reputation.

Defamation is false publication which injures a party in their reputation, profession, trade or business. Such statements can be made verbally or in writing. This is actionable when it results in damage to reputation, the reduction of a business’s profits, or when it causes potential or current clientele to avoid or shun the offended person or business.

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Evan D. Mayo

In some situations, plaintiffs must prove that lies were intentional. The plaintiff may also have to show damage by false statements. Expressing an opinion is usually not actionable, although the difference between merely stating an opinion and making statements of fact must be analyzed by an attorney with experience in defamation cases.

Not all negative statements are defamatory. That is why people who believe they or their businesses have been materially harmed by defamation should contact us for a free consultation.

Traumatic Brain Injury – A traumatic brain injury (TBI) is an injury to the brain from an outside force that causes a change in brain function and that is not congenital, hereditary or degenerative. Common causes of traumatic brain injury include car, truck and motorcycle accidents, falls, and physical assaults. Young men engaging in risk-taking behavior, and those in fragile health, such as the very elderly and young children, are at heightened risk for a TBI. Traumatic brain injuries range in severity from mild (such as a concussion) to severe, and although some brain injuries heal, others disable the victim permanently. Common symptoms of TBI include nausea, vomiting, headaches, dizziness, loss of consciousness, confusion, disorientation, loss of balance, loss of coordination, coma, difficulty sleeping, difficulty swallowing, numbness, weakness, convulsions, seizures, agitation, cognitive problems, memory loss, difficulty reading and clear fluid leaking from the nose or ears. Approximately 2 million Americans suffer a TBI each year.

Even mild brain injuries can take a long time to heal and expose the victim and their family to colossal medical expenses for hospital stays, doctor visits, medical equipment, scans, physical therapy, medications and home healthcare—all this on top of lost income, pain and suffering, loss of enjoyment of life and other noneconomic injuries. Insurance companies understand the financial distress that brain injury victims experience. They seek to delay compensation for as long as they can, and they employ skilled attorneys who fiercely defend every aspect of the case. The attorneys of Tremblay & Smith PLLC’s Personal Injury & Professional Malpractice group have wide-ranging experience representing and obtaining just compensation for clients who have suffered traumatic brain injuries, their families and communities throughout the Commonwealth of Virginia.

Thank you for your interest in us.  We would be pleased to provide additional information at your request.