Personal Injury Attorney

Personal Injury Attorney fighting for Injured People and Grieving Families Across Northern Virginia

Cases we handle

We ensure only best legal representation for our clients

Car Accident

Premises Liability

Wrongful Death

Child Injury

Dog Bite

Construction Accident

Metro Accident

Boat Accident

Our Personal Injury Attorneys Fight for Your Rights

Victims of serious accidents suffer from more than just the pain of their injuries. From the first moments after the accident, their lives may be changed forever. They are often scared and worried about the future, how they’ll pay their bills, how they’ll support their families, how to get their cars fixed, and how to get the medical care they need. In this period of crisis, they are often also receiving paperwork and calls from the insurance company that they don’t know how to deal with. Even though they may have been hurt through no fault of their own, they are left to deal with the overwhelming aftermath—and they often need help making sense of it all.

While most people can handle the insurance process after minor accidents or injuries, the process can be much different following a serious accident or death. Dealing with insurance company without a personal injury attorney often results in poor settlements or more complications for the injured person, and victims often accidentally give up their rights accidentally by saying, signing, or doing something that they didn’t fully understand. It is the insurance adjuster’s job to protect the company’s bottom line, and the insurance company is unlikely to tell injured people when they are needlessly signing away their rights or accepting far less than their cases are worth.

This is exactly why accident victims and their families need sa personal injury attorney who will listen to what they have to say and can fight on their behalf, negotiate with the insurance company, and handle all the claim paperwork. If you have found yourself in this situation and aren’t sure where to turn, don’t hesitate to pick up the phone and talk with the attorneys at our Fairfax office today.

our Fairfax, Va personal injury attorney office

What Happens When Another Person Causes Serious Injuries or Death?

Some of the most serious accidents and injuries happen because someone else did or failed to do something that could have prevented the injury. For example, an accident may happen because another driver chose to drive under the influence, or even because a store employee failed to report a dangerous spill. In cases like these, the victims of another person’s or company’s negligence may have the right under the law to hire a personal injury attorney to seek compensation for their medical bills, pain and suffering, lost wages, ongoing care needs, and more.

Injuries and deaths can happen for a lot of reasons, and understanding how the law applies to any given accident can be very difficult. If you have any questions about your rights, don’t be afraid to ask a personal injury attorney.

At Kearney, Freeman, Fogarty & Joshi, PLLC, we handle cases of personal injury and wrongful death of all kinds, including cases that involve:

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    Car accidents

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    Truck accidents

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    Bus and train accidents
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    Motorcycle accidents
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    Bike and pedestrian accidents

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    Boating accidents

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    Drunk driving accidents

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    Distracted driving accidents

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    Multiple car accidents

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    Catastrophic injury accidents

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    Fatal injuries and wrongful death

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    Slips, falls, and other injuries on unsafe properties

Our Personal Injury Attorneys Fight for You After You’ve Been Hurt

Most people have never been victims in accidents before, and it’s completely normal to feel unsure about what to do, whom to talk to, or how to get help. If you or a family member has been hurt, our personal injury attorneys in are ready to listen and offer information. We offer a completely free initial case review, and we can even come to the hospital or to your home to meet with you.

The True Cost of an Accident or Injury That Was Not Your Fault

Sometimes, people who have been hurt or lost loved ones to another person’s carelessness just want to start adjusting to the changes and moving on with their lives. Unfortunately, the real costs of a catastrophic injury or the loss of a life quickly add up. Beyond medical bills or funeral expenses—which are often enough to empty a family’s savings on their own—a serious accident can continue to take toll on the lives and finances of the victims for years into the future.

While many people are hesitant about opening a personal injury lawsuit or even talking with a personal injury attorney, the truth is that the financial relief is allowed by the law and can help families truly recover in difficult times. Taking legal action can also help bring peace of mind that the at-fault person or company has been held responsible for the harm done. Sometimes, filing a personal injury claim is the best way for victims to “make it right.”

At Kearney, Freeman, Fogarty & Joshi, PLLC, we understand what families go through after serious accidents and injuries—and we also understand what’s happening on the insurance company’s side. We used to be insurance adjusters, ourselves, and we believe that past experience has given us the ability to better help the victims of accidents get the compensation they deserve.

Frequently asked questions

Find useful responses to frequently asked questions. Please note that this is not legal advice, contact our personal injury attorney to discuss your case.

Losing a loved one is never easy. Often, it can be harder to overcome grief when a relative’s life was taken by another person’s negligence. You may have lost a wage-earning spouse or have to pay for a funeral that should have happened years in the future. No matter the circumstances, you may consider filing a wrongful death claim.

While taking another person to court is a profoundly personal decision, a personal injury lawyer may be able to help you recover monetary losses to ensure your family’s financial stability. In some cases, a wrongful death lawsuit can be a powerful force for change, with the potential to punish negligent parties and force reckless corporations to adopt safer policies.

Reasons to File a Wrongful Death Lawsuit

There are many reasons people are motivated to file a wrongful death claim; however, the most common are:

  • To recover damages. When someone files a wrongful death lawsuit, they are typically not looking to capitalize on their loss for financial gain. However, the death of a loved one can be financially devastating. Monetary compensation can help provide important financial support and security for the family. This is especially critical if the deceased was the primary wage earner.
  • To hold the negligent person accountable. Depending on the circumstances, a person whose negligence takes another person’s life may not face criminal charges. Filing a wrongful death claim can hold the negligent party accountable. Even though the person will not go to jail, they may be made to make monetary restitution to the family.
  • To deter future acts of negligence. A wrongful death lawsuit can serve as a powerful agent for change. Critical settlements and/or court verdicts can occur, and word can spread through media coverage. This news can influence the behavior of others who might re-think their own behavior and act more carefully in the future, thus saving lives.
  • To get closure. For people who suffer the death of a loved one, a personal injury lawyer can provide a sense of closure and justice for the one they lost.

Who Can File a Wrongful Death Claim in Virginia

Not everyone can bring a wrongful death claim in Virginia. Only a “statutory beneficiary” is allowed to file. This means, only those family members or dependents who can recover in a wrongful death claim can lawfully file. Section 8.01-53 of the Virginia Code prioritizes these family members in the following specific order:

  • The surviving spouse, children, or grandchildren of the deceased
  • The parents, brothers, or sisters of the deceased, or any relative who was primarily dependent on the deceased
  • A surviving family member who can inherit the deceased’s estate

There is also has a deadline for when wrongful death claims can be filed. Virginia law requires that wrongful death claims be filed within two years of the deceased person’s death. If a claim is not filed within those two years, the statute of limitations will prohibit the case from being heard by the court.

The Process of Filing a Complaint

If someone has standing to file a wrongful death claim and potentially benefit from its outcome, they and their personal injury lawyer can bring a complaint before the court.

Before getting started, the family’s attorney will likely conduct an investigation into the fatal accident. Because you’ll need to prove that the at-fault party was negligent or responsible for the death of your loved one, your attorney will gather and evaluate evidence as it relates to your case.

Once the grounds for a case have been firmly established, your personal injury lawyer will draft the complaint paperwork and determine the appropriate county in which to file the lawsuit. This is typically the county where your loved one lived, and the case must be brought to a court that has jurisdiction over the case.

Your personal injury lawyer will then serve formal notice of the complaint to any business or person that will be named as a defendant in the case. After they respond, the case will move forward.

You Don’t Have to Fight Alone

Filing a wrongful death claim does not have to be stressful. While initiating a complaint means filing a lot of paperwork and sending out notices, you do not have to do any of this yourself. An experienced Virginia personal injury lawyer can help guide you through the process, saving you time, money, and stress. KFFJ Law has years of experience helping Virginians get justice for their loved ones, even when it seems out of reach.

You should contact an attorney if you have lost a loved one in a:

  • Car accident
  • Motorcycle accident
  • Semi-truck accident
  • Bus or train accident
  • Boating accident
  • Drunk driving accident
  • Distracted driving accident
  • Multiple-car accident
  • Catastrophic injury accident
  • Fatal injury accident
  • Contact Us Today

If you have lost a loved one to another person’s negligence, you do not have to go through it alone. KFFJ Law’s team of experienced attorneys knows and understands Virginia personal injury and wrongful death laws. We know what courts and insurers want to see, and we know how to get it. Contact us today to schedule your free initial consultation.

If you receive a settlement for your personal injury lawsuit, it’s likely you won’t have to pay federal taxes on the amount. However, there are exceptions, and it’s important to know the factors that affect whether or not you’ll have to pay.

After You Get a Personal Injury Settlement

Once you get your settlement amount, your personal injury lawyer will deduct legal fees from the full amount, leaving you with the rest. In general, neither the federal government nor the state of Virginia will be able to collect any proceeds that you received in your personal injury lawsuit that compensate you for physical injuries. This includes damages that compensated you for lost income at work, medical expenses, and pain and suffering. These are called compensatory damages.

There are exceptions to this rule, however. If you received punitive damages, this amount will be taxable. In addition, if you have a claim for emotional distress or employment discrimination but did not suffer an actual physical injury as a result, this settlement amount will likely be taxable. Insurance companies typically cut one settlement check, which will not account for the different types of damages.

Work With a Tax Professional

When it comes to questions about taxes or dealing with the Internal Revenue Service, it’s always best to contact a tax professional. The federal government will have access to your settlement information, and the insurance company will likely submit a 1099 form to report the amount of compensation you received. Every personal injury settlement is different, so you will need to get advice on yours from a qualified tax professional to determine if any taxes will be due.

Call Us for Help

Have you been injured because of another person’s negligence? Please contact us for a free, no-obligation consultation to learn about your rights and to discuss the actions we can take on your behalf to recover the damages you deserve. Since we work on a contingency fee basis, you won’t owe us any upfront legal fees. We don’t get paid until you do. To learn more, contact us today.

When a negligent driver is responsible for killing another person, he could be charged with murder or manslaughter and face consequences such as jail time, loss of driving privileges, and fines. Although a successful conviction in the criminal courts may bring a sense of justice or closure for surviving family members, it doesn’t provide compensation for the victim’s family. That’s why the law allows civil charges to be brought against the person responsible.

Understanding a Civil Claim in Virginia

A civil claim is a legal action brought by one person who seeks to hold another person liable for some harmful act. In a wrongful death claim, the surviving family members file a suit against the person responsible for the accident. The consequences in a civil case are typically monetary, and the at-fault driver must pay compensation to the victim’s family rather than face jail time.

Why You Should File a Wrongful Death Claim in Civil Court

While the at-fault driver may already be facing charges in criminal court, a civil action can be significant for surviving family members for a few reasons. First, the burden of proof is not as great in a civil case. Rather than having to prove the at-fault driver is guilty “beyond reasonable doubt,” guilt simply needs to be shown “by a preponderance of evidence.” This means, the defendant is more likely guilty than he is not, which is a much lighter burden to prove.

Second, surviving family members can obtain compensation to help address financial costs associated to their loved one’s death. If a driver is found to be responsible for another’s death, he could be obligated to provide compensation for:

  • Funeral and burial expenses
  • Medical expenses incurred before the death
  • Sorrow and mental anguish
  • Loss of care, comfort, companionship, and guidance
  • Value of lost wages that the deceased could have been reasonably expected to earn if he or she had lived

If someone you love has died as the result of another driver’s negligent behavior, it may be possible to file a wrongful death claim. These claims can provide both justice and compensation that you and other surviving family members need to pick up the pieces and begin to move forward after a sudden death. Even if you aren’t sure if you have a claim, our personal injury lawyer team can explain your rights and answer your questions. Contact us to arrange a free case review.

Punitive damages, or damages that are meant to punish the defendant rather than compensate the plaintiff, are allowed in Virginia personal injury cases. However, punitive damages are only allowed in specific situations, and they can be very difficult to obtain.

Punitive Damages for Egregious Behavior

Although you may have suffered a very serious injury or your loved one may have been killed in an accident, this doesn’t mean you’ll automatically recover punitive damages. Instead, if you are pursuing a punitive damage award, the court will consider the defendant’s behavior that resulted in your injury.

Punitive damages may be awarded to you if you can prove that the defendant acted with either malice or with willful and wanton disregard for the rights of others. Punitive damages are awarded in addition to compensatory damages. If the defendant’s conduct is not malicious, willful, or wanton, but the defendant failed to use reasonable care, and that resulted in your injury, you may still be able to recover compensatory damages for medical expenses, lost income, and pain and suffering.

Punitive Damage Limits in Virginia

The purpose of punitive damages is to punish the defendant, and this financial support will provide you with compensation over and above the value of your compensatory damages. As with other kinds of damages, you will need to prove the value of the punitive damages you are seeking by providing convincing evidence to the court.

While the exact value of your potential punitive damage award is dependent on the facts of your case and the arguments you make, Virginia law limits the amount of punitive damages to a maximum of $350,000.

Talk to a Personal Injury Lawyer About Punitive Damages

Punitive damages are not awarded in every case. Our experienced Virginia personal injury lawyers will review the facts of your case and provide you with our professional opinion about whether or not you should pursue punitive damages. Contact us for a no-obligation consultation to discuss your rights and all of your potential compensation.


What our clients are saying

“Kearney, Freeman, Fogarty and Joshi, PLLC have been an invaluable resource for me as a business owner. Their entire team is dedicated, professional and extremely resourceful. I highly recommend their legal services for representation in any area.”

Heather C., The Model Source, Inc.

“Mr. Kearney is very professional, but also kind and caring. My family has used his services several times, and has always been happy with the results. I always refer him to my friends and family!”

Marsha Belvis

“Jim Kearney is an amazing individual. He always answered all of my questions, and made me feel comfortable when talking to him. He was very patient, caring, and attentive to all my needs.”

Said A.

“Best law firm I have ever worked with. I use Freeman for my personal and business needs. He is loyal to his customers and goes out of his way to make sure you are taken care of. This firm is amazing…”

Ian Purcell