Practice Areas | Serious Injury, Wrongful Death & Civil Rights Lawyers | Thomas H. Roberts & Associates, PC
Richmond, Virginia · Serving clients statewide since 1986
804-783-2000

Serious injuries. Violated rights. Cases worth trying.

We are a Richmond litigation firm. Our practice centers on catastrophic injury and wrongful death claims, and on lawsuits against police officers and public officials who violate the Constitution. We try cases, and we take them up on appeal when that is what it takes.

Justice and Civil Rights – It’s in our blood!™

Personal injury & wrongful death

Serious injury cases we take on

We concentrate on cases where someone else’s fault is clear and the harm is severe. Under each case type we note what tends to make fault provable, because in Virginia that is where a claim is won or lost.

Drunk and impaired driver crashes

An impaired driver who injures or kills someone faces more than ordinary damages. Virginia allows a jury to add punitive damages in defined circumstances, and a criminal DUI case often produces evidence we can use in the civil case.

What makes fault clear: a DUI arrest or conviction, a blood alcohol test of 0.15 or higher, a refused test, bar receipts, and crash-scene video.

See Va. Code § 8.01-44.5 (punitive damages) and § 8.01-38.1 (cap).

Talk to us about a DUI crash

Wrongful death

When negligence or a wrongful act takes a life, Virginia law lets the family recover for their loss of income, services, and companionship, and for their sorrow and mental anguish. We handle these cases with the care they require and the preparation a trial demands.

What makes fault clear: a police or medical examiner report, a criminal charge against the at-fault party, safety-rule violations, and witnesses.

See Va. Code § 8.01-50 and § 8.01-52.

Virginia wrongful death claims

Truck and commercial vehicle crashes

Tractor-trailers, delivery fleets, buses, and company vehicles carry large insurance policies and are governed by federal safety rules. A trucking company can be liable for its driver and for its own hiring and maintenance failures.

What makes fault clear: electronic logging and engine data, hours-of-service violations, dash-cam footage, and maintenance records.

Talk to us about a truck crash

Sexual assault and abuse

Survivors can sue the person who harmed them and, in many cases, the school, employer, church, or facility that ignored warning signs. Our firm obtained a $25.35 million judgment for a sexual assault victim.

What makes fault clear: a criminal conviction, prior complaints the institution received, and its own policies.

Confidential consultation

Catastrophic injury

Traumatic brain injury, spinal cord injury, amputation, severe burns, and injuries that end a career. These cases need medical and economic experts to prove the full lifetime cost, and we build them that way from the start.

What makes damages provable: early imaging, treating-physician opinions, and a life-care plan.

Virginia personal injury

Car and motorcycle crashes

Rear-end collisions, red-light and stop-sign crashes, wrong-way drivers, and distracted drivers. We focus on crashes that cause serious, lasting injury.

What makes fault clear: a citation to the other driver, traffic-camera or dash-cam video, and independent witnesses.

Auto accident claims

Defective products

Vehicles, machinery, medical devices, and consumer products that fail in ways the manufacturer should have prevented or warned about.

What makes fault clear: recalls, similar incident reports, and preserving the product itself. Do not discard it.

Talk to us about a product injury

Medical malpractice

Surgical errors, missed or delayed diagnoses, medication errors, and birth injuries. Virginia requires expert certification before suit and caps damages, so these cases need early, careful review.

See Va. Code § 8.01-581.15 (cap).

Request a review

Negligent security and dangerous property

Assaults at apartment complexes, hotels, and businesses with known crime problems, and serious injuries from hazards a property owner knew about and left in place.

What makes fault clear: prior incidents on the property, prior complaints, and surveillance video, which is often overwritten within days.

Talk to us about a property injury

Why Virginia is different

One percent at fault can mean no recovery at all

Virginia is one of the few states that still follows contributory negligence. If an insurer can persuade a jury that you were even slightly at fault, you can lose everything. Insurers know this and look for it from the first phone call.

Before you give a recorded statement, sign a medical release, or accept a check, talk to a lawyer. Preserve photographs, the names of witnesses, and any video. Keep damaged property. Write down what happened while it is fresh.

Read our summary of Virginia injury law

Civil rights & police misconduct

We sue police officers and public officials

Our civil rights practice is built on suing the individual officers and officials who violate people’s rights, in federal court under 42 U.S.C. § 1983 and in state court under Virginia law. We have litigated these cases through the Fourth Circuit and are prepared to meet qualified immunity and sovereign immunity defenses head on.

Police misconduct

  • Excessive force and police brutality
  • Shootings and deaths in custody
  • False arrest and false imprisonment
  • Malicious prosecution
  • Illegal searches and seizures
  • Unlawful GPS and electronic tracking

Constitutional claims

  • First Amendment retaliation, speech, press, and religion
  • Fourth Amendment search and seizure
  • Second Amendment
  • Due process
  • Race, sex, and religious discrimination by public officials

Virginia tort claims against officers

  • Assault and battery
  • False imprisonment
  • Malicious prosecution
  • Gross negligence
  • Civil conspiracy

If you were arrested, charged, or injured by police, do not discuss the incident with investigators or post about it before speaking with a civil rights lawyer. Body-camera footage and 911 recordings can be lost if they are not requested promptly.

How to sue the police in Virginia

Criminal defense

Obstruction charges and high-profile criminal cases

We defend people charged with obstruction of justice and resisting or obstructing an officer. These charges often follow the same police encounters that give rise to civil rights claims. We also represent clients in high-profile criminal matters, where the courtroom and the public record have to be managed together.

How the criminal case ends can decide whether a civil rights case exists at all. A guilty plea to obstruction may bar a later lawsuit over the arrest. A case that ends without a conviction can support a claim for malicious prosecution. We defend the charge with the civil case in view.

See Va. Code § 18.2-460; Heck v. Humphrey, 512 U.S. 477 (1994); Thompson v. Clark, 596 U.S. 36 (2022).

Criminal matters we handle

  • Obstruction of justice
  • Obstructing or resisting an officer
  • Charges arising from protests, recording police, and other First Amendment activity
  • High-profile criminal cases

Before you plead: talk to us. A plea entered to end a minor case quickly can give up a civil claim worth far more.

Open government

Virginia Freedom of Information Act enforcement

When a public body refuses records, overcharges, misses its deadline, or meets behind closed doors, the Act lets you go to court. We represent citizens, journalists, and organizations in FOIA petitions against state agencies, localities, school boards, and police departments.

A petitioner who substantially prevails is entitled to recover reasonable attorney fees and costs, unless special circumstances would make an award unjust.

See Va. Code § 2.2-3713 and § 2.2-3704.

FOIA matters we handle

  • Wrongfully withheld or redacted records
  • Police body-camera, incident, and criminal investigative files
  • Missed response deadlines
  • Excessive charges for records
  • Illegal closed meetings and improper notice
  • Petitions for mandamus and injunction

Civil litigation

Other cases we try

Defamation

Libel and slander that damages a reputation or a business, including statements made online.

Business disputes

Breach of contract, tortious interference, business conspiracy, and non-compete and non-solicitation disputes.

Intentional torts

Assault, battery, false imprisonment, and malicious prosecution by private parties, including store and security personnel.

Appellate practice

Appeals, in state and federal court

We handle appeals of our own cases and of cases tried by other lawyers, and we are brought in to preserve issues for appeal before and during trial. Appeals are unforgiving of missed deadlines, so contact us as soon as a final order is entered.

Courts

  • Supreme Court of Virginia
  • Court of Appeals of Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • Supreme Court of the United States
  • Circuit court appeals from general district court

Counsel outside the courtroom

Business and estate planning

Startups and technology companies

Formation, founder and shareholder agreements, commercial contracts, software and services agreements, employment and contractor agreements, and restrictive covenants, with a litigator’s eye for how each term will read in court.

Estate planning

  • Wills and trusts
  • Special needs trusts
  • Powers of attorney
  • Advance medical directives
  • Will contests

We do not handle family law matters. If you need help in that area, call and we will try to point you to a lawyer who can.

Selected results

Results for our clients

$25.35M

Judgment for a victim of sexual assault.

$1.04M

Jury verdict against a Henrico County prosecutor (2002), the first jury verdict over $1 million in Henrico County history.

4th Cir.

Published Fourth Circuit opinions in civil rights cases against police officers.

Case results depend on the specific facts and law of each matter and do not predict or guarantee a similar result in any other case. A judgment reflects the amount awarded by the court and not necessarily the amount collected.

Common questions

How long do I have to file a personal injury lawsuit in Virginia?

Generally two years from the date of injury under Va. Code § 8.01-243(A). Claims against a Virginia city, county, or town usually require written notice within six months (Va. Code § 15.2-209), and claims against the Commonwealth require notice within one year (Va. Code § 8.01-195.6). Other exceptions apply, so call promptly.

What does contributory negligence mean for my case?

Virginia is one of the few states that still bars recovery if the injured person was even slightly at fault. That is why early evidence preservation and careful handling of statements to insurers matter so much in Virginia injury cases.

Can I sue a police officer personally in Virginia?

Often, yes. Officers can be sued individually under 42 U.S.C. § 1983 for violating constitutional rights, and under Virginia law for torts such as assault, battery, false imprisonment, and malicious prosecution. Defenses such as qualified immunity must be evaluated case by case.

Can a drunk driver be ordered to pay punitive damages in Virginia?

Yes. Va. Code § 8.01-44.5 allows punitive damages against an intoxicated driver in defined circumstances, including a blood alcohol concentration of 0.15 or more or an unreasonable refusal to be tested. Virginia caps punitive damages at $350,000 under Va. Code § 8.01-38.1.

I was charged with obstruction after a police encounter. Should I plead guilty to get it over with?

Not before talking to a lawyer. Under Heck v. Humphrey, a conviction can bar a later civil rights lawsuit that would call it into question. Under Thompson v. Clark, a prosecution that ends without a conviction can support a malicious prosecution claim. The way the criminal case ends matters.

What does it cost to hire the firm?

We provide a free preliminary review of your matter. If the case involves complex legal issues or turns on intensive factual questions, we may offer to be engaged for a consultation before deciding how to proceed.

How fees are structured depends on the case. In some cases we offer a contingency fee, in which our attorney’s fees are paid from the recovery. Depending on the fee agreement, the client may be required to remain responsible for the costs and expenses of litigation, including court costs, whether or not there is a recovery. In other cases we offer a modified arrangement that combines a partial contingency fee with hourly fees, and in others we work on an hourly basis.

Tell us what happened

Free, confidential case review for serious injury and civil rights matters.

LITIGATION & APPEALS

CIVIL LITIGATION

CIVIL RIGHTS

NEGLIGENCE

TORTS

COMMERCIAL

  • Contracts
  • Breach
  • Interference
  • Non-Competes
  • Tortious Interference
  •  

FOIA Violations

DISCRIMINATION

APPEALS

FELONY

  • Felonies
  • Murder
  • White Collar Crimes

MISDEMEANOR & TRAFFIC

  • Traffic
    • Speeding
    • Reckless Driving
    • DUI
  • Possession
  • Battery
  • Obstruction

DOMESTIC & FAMILY

  • Divorce
  • Spousal Support
  • Protective Orders
  • Equitable Distribution
  • Separation Agreements
  • Child Custody
  • Child Visitation
  • Child Support

CONTRACTS

BUSINESS & EMPLOYMENT

  • Non-compete
  • Confidentiality
  • Sale of Business
  • Purchase of Business
  • Settlements

ESTATE PLANNING

GENERAL

  • Last Will & Testament
  • Trusts
  • Special Needs Trusts
  • Power of Attorney
  • Advanced Medical Directive
  • Living Will
  • Will Contests
Thomas H. Roberts & Associates, PC