Personal Injury Settlements for Minors in Virginia: What You Need to Know
What is the legal process for filing an injury claim on behalf of a child in the state of Virginia? Contact a Virginia accident attorney for details.
According to the most recent data from the Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), motor vehicle crashes remain the number one cause of injury-related death for children and teens ages 5 to 19 in the United States. National emergency room statistics show that approximately 150 children are treated every hour for injuries sustained in vehicle crashes, amounting to more than 1.3 million ER visits per year.
Tragically, child motor-vehicle deaths increased slightly in the past two years, in part due to rising speeds, increased distracted driving, and lower overall seatbelt compliance among older children and teenagers. These statistics underline the serious dangers children face on the road and highlight why parents must understand their child’s rights if they are injured due to another driver’s negligence.
Just as adult car accident victims have the legal right under Virginia law to pursue damages from an at-fault driver, an injured child has the same right to compensation. However, child injury claims are not handled the same way as adult injury claims. The process is more complex, with additional protections, procedural requirements, and legal oversight in place to ensure that injured minors receive fair compensation. Due to these additional legal steps, parents should consult with a Virginia Beach car accident attorney as soon as possible to understand the proper procedures and preserve all available claims.
Filing a Car Accident Lawsuit
Since a child is a legal minor and cannot file a lawsuit or insurance claim on their own, Virginia law requires the case to be filed by a “next friend.” The next friend is typically a parent or legal guardian who brings the claim on the child’s behalf and makes legal decisions related to the case. No special hearing or appointment is required to designate a next friend; the parent files the claim in that role. Despite the simplicity of this step, the responsibilities of the next friend are significant —they must act solely in the child’s best interests. They must work closely with the personal injury attorney to ensure the child’s legal rights are protected.
Financial compensation available for an injured child may include pain and suffering, emotional trauma, future medical care, diminished earning capacity, permanent scarring or disfigurement, and loss of life enjoyment. Children often suffer long-term consequences from injuries because their bodies and brains are still developing, which can make damages more extensive than those of adult victims. For example, orthopedic injuries may affect long-term growth, concussions may disrupt cognitive development, and emotional trauma may impact school performance or social functioning. Courts in Virginia recognize these possibilities and allow compensation that accounts for lifelong challenges.
Medical expenses function differently in a child injury case. Under Virginia law, parents — not the child — are legally responsible for paying their minor child’s medical bills. Because of this, the claim for medical expenses belongs to the parent and is usually filed as a separate, parallel claim. Parents may recover past and future medical expenses, therapy costs, costs of assistive devices, and any other caregiving expenses. A knowledgeable Virginia Beach personal injury attorney will carefully structure both claims to ensure that every category of damages is properly pursued.
Infant Settlements
Virginia injury statutes refer to minors as “infants,” and any settlement or judgment involving a child typically requires court approval through a process called an infant settlement. This safeguard ensures that the amount awarded is fair, appropriate, and proportionate to the child’s injuries. The court’s involvement is not merely a formality; it is designed to protect the child from inadequate settlements or improper handling of the funds.
During the infant settlement hearing, the child, parents, the next friend, and the personal injury attorney appear before a judge. In some jurisdictions, the court may appoint a guardian ad litem to independently evaluate whether the settlement serves the child’s best interests. The judge may ask the parents detailed questions about the injury, treatment, prognosis, and any ongoing limitations. If the child is old enough, the judge may also speak with them directly. The attorney will submit medical records, school or developmental reports, expert statements, and any other documentation that supports the settlement amount. This process underscores the importance of working with a seasoned personal injury attorney who understands how to present the case effectively.
Once the court approves the settlement, it must also determine how the funds will be managed and distributed. For smaller settlements (typically $15,000 or less), the court may permit the funds to be released directly to the parents or guardian to hold in trust until the child reaches the age of 18. Larger settlements often require structured arrangements. The court may order the funds to be deposited with the court’s general receiver, placed into a restricted annuity, or managed by a fiduciary on behalf of the child. Structured settlements can provide scheduled payments for college expenses, medical needs, or living support after the child reaches the age of 18. Each option is chosen to maximize the long-term benefit for the child.
Statute of Limitations to Filing
The statute of limitations for an adult to file a personal injury claim is two years, but Virginia law has a different timeline for minors, which is two years from the child’s 18th birthday. However, it is recommended that a family not wait for the child to reach adulthood and file their own claim, for several reasons, including the difficulty in obtaining older medical records, witness statements, and other evidence necessary to prove the case.
It is important to note, however, that parents who are filing their own lawsuit for the medical expenses they had to pay for their child’s treatment do not have an extended statute of limitations. Your accident lawyer will determine what the deadline is for your case.
Contact Our Office Today
Virginia Code § 8.01-606 outlines the statutory guidelines governing infant settlements, emphasizing the court’s duty to protect injured minors. Because these cases involve complex legal rules and long-term financial considerations, having an experienced Virginia Beach accident attorney is essential to ensuring your child receives the full and fair compensation they deserve.
If your child has been injured in a car accident or another type of accident, contact Shapiro, Washburn & Sharp to learn how we can assist you, like the $2.3 million jury verdict we obtained for one family whose child suffered a severe birth injury during delivery.
Our firm has more than three decades of experience advocating for injured victims and their families, and we will help your family obtain the financial justice you deserve. Contact our office today for a free and confidential case evaluation.
