Countless people are injured every day. Oftentimes, these injuries are caused by the negligence of others. When this is the case, the injured person may have a valid personal injury claim. Are you or a loved one suffering because of someone else’s negligent actions? If so, you may be entitled to financial relief through a personal injury claim. Our firm’s experienced Arlington personal injury attorneys will work diligently to seek the compensation you deserve. To learn more, contact Koonz McKenney Johnson & DePaolis LLP today to receive a consultation free of charge.
Arlington Personal Injury Claim
You may have an Arlington personal injury claim if you were harmed by the negligence of another. However, there is no negligence if that person did not have a duty toward you.
Duty of Care
People in society owe duties to one another. Drivers have the duty to handle their vehicles safely. Property owners have the duty to keep parts of their property safe for the public.
When someone breaches their duty of care, that person may be subject to an Arlington personal injury claim.
However, just because someone breaches a duty of care that they owed you does not mean you automatically have a personal injury claim. You must also show that you suffered some sort of quantifiable injury.
Typical injuries from negligent actions may include:
- Physical trauma caused by unsafe walkways, stairs, or structures
- Injuries from vehicular negligence
- Harm caused by dangerous products, from medicines to children’s toys
- Injuries caused by professionals, from medical to construction industry professionals
Oftentimes, these injuries are debilitating and life-altering. For this reason, the law allows injured parties to seek compensation to help make their lives whole.
Timelines to File an Arlington Personal Injury Claim
The judicial system sets time limits for most Arlington personal injury claims. These limits are called statutes of limitations and statutes of repose. Both set file-by dates that must be met.
Statute of Limitations
In Arlington, the statute of limitations for personal injury cases is two years. In some places, the clock starts when the harm is discovered. However, in Arlington personal injury cases, it starts when the harm occurs.
Statute of Repose
Statutes of repose are also time limits. However, they set an overall time frame of five years for personal injury cases that arise from improvements to real property by professionals.
For example, a lumber supplier can be held liable for injuries up to five years after its last delivery. So if you are injured by faulty lumber after that five-year time frame, you cannot file an Arlington personal injury claim against the supplier.
Because of statutes of limitations and repose, it is important to take legal action as soon as possible after you have been injured.
Your injuries may warrant significant compensation. However, you can be barred from receiving it if the clock runs out.
Exceptions to the Statute of Limitations in Arlington, VA
In some cases, there are exceptions to these time limits. The statute of limitations could be delayed for the following:
- Minors: the time limit for injured minors starts when they become adults
- Incapacitation: time limits for legally incapacitated persons (disabled, incarcerated) start when they are no longer legally incapacitated
- Death: in some instances, death may toll the statute of limitations
Although they are generally strict, there are other exceptions to the statute of limitations. By speaking with an Arlington personal injury attorney, you can find out whether your case may qualify for an exception if two years have already lapsed.
You can receive compensation for pain and suffering caused by the negligence of another. In fact, the majority of personal injury claims seek damages based on pain and suffering, which you must demonstrate.
With that being said, another form of damage exists, known as punitive damages. Punitive damages are sometimes awarded in cases where the defendant acted intentionally or recklessly instead of just negligently.
Intentional and reckless behavior are more blameworthy forms of behavior before the courts. Because of this, you may be entitled to seek additional compensation on top of any compensation for pain and suffering you receive.
Contact Our Arlington Personal Injury Attorney Today
If you or a loved one has been injured due to another’s negligence in Arlington, our knowledgeable personal injury attorneys can help. Koonz McKenney Johnson, & DePaolis has provided representation for personal injury victims for over 40 years and our attorneys are well-prepared to help you when you need it the most. Contact our Arlington personal injury attorney today for a free consultation.