Scott D. Fitzgerald
Top rated Personal Injury attorney in Richmond, Virginia
Allen, Allen, Allen & Allen, P.C.
Practice areas: Personal Injury
Licensed in Virginia since: 2011
Education: William & Mary Law School
Selected to Rising Stars: 2018 - 2021, 2024 
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1809 Staples Mill RoadRichmond, VA 23230 Phone: 866-865-1206 Email: Scott D. Fitzgerald Visit website
Details 
Scott Fitzgerald works in the Richmond, VA office and focuses his practice exclusively on personal injury cases including motorcycle accidents, car accidents, and truck accidents. Having grown up with a family tradition of advocacy and service, Scott is passionate about protecting the interests of his clients and defending their rights against insurance companies.
Scott grew up in Chesterfield, Virginia and attended L.C. Bird High School, where he won the Virginia State Debate Championship in 2003. He attended the College of William & Mary for both his undergraduate degree and law degree.
He was recognized by the National Academy of Personal Injury Attorneys as a Top 10 Under 40 Personal Injury Attorney in Virginia. He has also been named a Rising Star by Virginia Super Lawyers from 2018-2021 and in 2024.
In 2022, Scott was elected as a Partner/Shareholder of the Allen law firm.
First Admitted: 2011, Virginia
Professional Webpage: https://www.allenandallen.com/attorneys/scott-d-fitzgerald/
Bar / Professional Activity
- Lewis Powell Inn of Court, 2024
- The American Association for Justice, 2024
- Virginia Trial Lawyers Association, 2024
Verdicts / Settlements (Case Results)
- I negotiated a $1.775 million settlement in a wrongful death case, which was written up in Virginia Lawyer's Weekly. Presenting 2023’s Million-Dollar Settlements | Virginia Lawyers Weekly (valawyersweekly.com)It was the 28th highest settlement in the state of Virginia in 2023. Type of Action: Wrongful DeathName of Case: ConfidentialCourt: King William Circuit Court Judge: Hon. B. Elliott Bondurant Tried before: SettledDate resolved: September 20, 2023 Special Damages: $3,000.00 in funeral expenses Settlement Amount: $1,775,000.00Attorneys for the Plaintiff: Scott D. Fitzgerald (Richmond)Insurance Carrier: Travelers, Progressive, Farm Bureau Description of the Case: Plaintiff’s decedent was killed in a head-on collision when a teenaged driver ran off the road to the right and sideswiped a tree, which redirected his vehicle across the double yellow lines into the front of plaintiff’s decedent’s car. Both vehicles flipped over and plaintiff’s decedent’s car caught on fire. Plaintiff was the ex-husband of the decedent. Together, they had four minor children, who were the sole statutory beneficiaries. Defendant was driving his girlfriend’s parent’s vehicle, which had $500,000.00 in combined single limits (CSL). $75,000.00 of that policy was paid to the passenger in plaintiff’s decedent’s vehicle for his injuries and $425,000.00 was offered as part of the wrongful death settlement. That was all of the insurance coverage plaintiff could initially identify, so plaintiff filed suit. Through discovery, plaintiff identified multiple other insurance policies. Defendant’s girlfriend’s parents had a $1 million umbrella policy, which was offered in full. Plaintiff’s counsel also learned that defendant’s parents were divorced and that defendant lived in each household approximately 50% of the time. After a coverage dispute, all insurance carriers in both households tendered their coverage, including plaintiff’s father’s policy ($50,000.00), plaintiff’s mother’s policy ($50,000.00), and plaintiff’s grandmother’s policy ($250,000.00), equaling the total settlement of $1,775,000.00. The funds were split evenly amongst the four children and placed into annuities for their benefit. , 2023
- I negotiated a $1.3 million settlement in a pedestrian vs. car incident, which was published in the Virginia Lawyer's Weekly: Presenting 2023’s Million-Dollar Settlements | Virginia Lawyers Weekly (valawyersweekly.com)This was tied for the 50th highest settlement in the state of Virginia in 2023. Type of Action: Personal Injury/Declaratory Judgment Action Injuries Alleged: Talus and malleolus (ankle) fractures requiring surgical fixation, skull fracture, acetabular (hip) fracture, fibula fracture, mild TBIName of Case: Joshua Moore v. Administrator of the Estate of Robert Longnecker, Deceased Court: Eastern District of Virginia (Declaration Judgment Action) and Henrico County Circuit Court (Personal Injury Action)Tried before: SettledName of Judge or Mediator: Judge Roderick C. Young Date resolved: October 31, 2023 Settlement Amount: $1,300,00.00Attorneys for the Plaintiff: Courtney A. Van Winkle and Scott D. Fitzgerald (Richmond, Va)Attorneys for the Defense: Hancock, Daniel & Johnson (Richmond, Va) Insurance Carrier: Progressive Description of the Case: The plaintiff was a tow truck operator who was standing next to a disabled RV on the shoulder of I-95 when he was struck by the defendant’s car. Defendant fled the scene and was later identified. The settlement was for every penny of available insurance coverage: $100,000 from the defendant’s carrier, $920,000 from plaintiff’s employer’s UIM policy, $50,000 from plaintiff’s personal UIM policy, and $230,000 from the UIM policy on the disabled RV (Progressive). Progressive denied coverage on the basis that plaintiff was not occupying or using the RV, since he was there to tow it. Plaintiff filed a declaratory judgment action against them, which was litigated in the Eastern District of Virginia. Despite the fact that plaintiff was standing next to the RV at the time he was struck, the Court ruled that plaintiff was both “using” and “occupying” the RV at the time of the incident and granted plaintiff’s motion for summary judgment. Progressive and the carrier for plaintiff’s employer split the “credit” for the $100,000 liability policy, but the settlement was for the total amount of available insurance coverage., 2023
Videos
- Attorney Scott Fitzgerald was featured on WRIC-TV, Richmond’s ABC affiliate, to discuss a safety issue affecting drivers across Virginia., Dangerous Guardrails, Plaintiff's Personal Injury, 2021
- Arbitration, Part 2: Some Advantages
- Arbitration, Part 3: Some Disadvantages
- Arbitration, Part 1: What You Need to Know
- Meet Virginia Personal Injury Attorney Scott D. Fitzgerald
Representative Clients
- A client posted the following Google review after we settled his case: Working with Allen and Allen was one of the best experiences of my life.They were the very epitomy of caring and concern and were so very helpful every step of the way through a terrible experience.Google Maps, 2024
- Dwayne from Richmond, VA - https://www.allenandallen.com/dwayne/My Attorney was the best legal consultant I could have hired. I would definitely use him again and refer this firm to others who may need your help. Thank you, Scott Fitzgerald.
- Boris and Alla from Henrico, VA - https://www.allenandallen.com/boris-and-alla/We were impressed with Scott Fitzgerald’s knowledge and confidence. From our initial consultation, we had high expectations of Allen & Allen and the job they would do for us. Scott not only met these expectations, he exceeded them. He was great at providing personal attention and guidance. Scott was very professional and helpful to us. The staff was great: professional and welcoming. We work full-time jobs and Scott and his team were flexible with our schedules. We completely recommend Allen & Allen. They took care of everything.
- Nick from Richmond, VA - https://www.allenandallen.com/nick/I chose Allen & Allen because my brother was represented by the Allen firm and was pleased with what they did for him. Scott handled my case the whole time. I received regular phone calls from Scott and his staff letting me know the progress of my case. I thought the communication was perfect. I was happy with the result of my case. Scott is a great lawyer and he was very easy to work with. I would recommend anyone to call Scott if they need legal help.
Educational Background
- B.A from the College of William & Mary, cum laude. , 2007
- J.D. from the College of William & Mary Law School (Marshall-Wythe). , 2011
Other Outstanding Achievements
- Named a partner/shareholder of the Allen & Allen law firm. , 2022
- I had the 28th and 50th highest settlements in the state of Virginia for 2023. , 2023
Honors
- Rising Star, Virginia Super Lawyers, 2024
- National Trial Lawyers: Top 40 Under 40
Office location for Scott D. Fitzgerald
1809 Staples Mill Road
Richmond, VA 23230
Selections
5 Years Rising Stars
- Rising Stars: 2018 - 2021, 2024