Virginia law treats a child’s injury claim differently from an adult’s. A minor cannot handle a lawsuit or bind themselves to a settlement alone. A parent or other next friend acts for the child. Virginia also applies special filing rules, and a court can approve a settlement if it is in the child’s interest. Families across Gloucester County may face these rules when a child is hurt by another person’s negligence or wrongful conduct.
At GibsonSingleton Virginia Injury Attorneys, Ken Gibson and John Singleton help parents handle each stage of a child injury claim. Our child injury lawyers can review what happened and discuss how filing deadlines, medical expenses, and settlement issues may affect the child’s recovery.
This guide explains who can file for a child, how the filing deadline works, how medical bills are handled, and how a court approves a minor’s settlement. Call (804) 413-6777 to schedule a consultation with our experienced Virginia personal injury attorneys.
How Do Child Injury Claims Differ From Adult Claims?
The table below highlights several key differences between adult and child injury claims in Virginia.
| Issue | Adult Injury Claim | Child Injury Claim |
|---|---|---|
| Who handles the claim | The injured adult handles the claim | A parent or another suitable adult acts for the child as a “next friend” |
| Standard filing rule | Two years unless another rule applies | The filing period for many nonmedical claims is paused while the child is a minor |
| Medical expenses | Included in the adult’s claim | Included in the child’s claim for claims arising on or after July 1, 2013; a parent or guardian may have a reimbursement right |
| Settlement | The adult can accept a settlement | A court can approve the settlement and direct how the proceeds are protected |
These protections exist because minors cannot legally act on their own behalf. Families throughout Gloucester County may benefit from getting legal guidance early, before evidence is lost, a shorter deadline expires, or settlement decisions are made. Call (804) 413-6777 for a free consultation.
Key Takeaway: The child remains the injured party, but an adult handles the claim while Virginia’s added filing and settlement rules apply.
Who Can File a Child’s Injury Claim in Virginia?
Virginia Code § 8.01-8 allows a lawsuit to be filed in the child’s name through a “next friend.” The child remains the real party in the case. Either or both parents may serve as next friend, and a guardian or another suitable adult may take the role when needed.
Do I Need Court Approval to Represent My Child?
A parent does not need separate court approval or an appointment order to act as next friend. A guardian ad litem serves a different court-appointed role. When a Virginia attorney represents the child in the lawsuit, a guardian ad litem is not required unless the court finds that an appointment is needed or another law requires one.
GibsonSingleton Virginia Injury Attorneys can file the case in the child’s name, identify potential conflicts, and address any guardian ad litem requirements that apply.
How Long Do I Have to File a Child Injury Claim in Virginia?
Virginia Code § 8.01-243(A) gives an injured adult two years to file a personal injury action. For many nonmedical claims involving a child, Virginia Code § 8.01-229 pauses the filing period during minority. This can give the child two years after turning 18 to file, but the rule does not cover every claim.
A minor’s medical malpractice claim follows Virginia Code § 8.01-243.1. It must be filed within two years of the last act or omission unless a statutory extension applies. A child younger than eight at the time of the malpractice has until their tenth birthday.
Even when the limitations period is paused, delay can weaken a case. Records may be lost, witnesses’ memories may fade, and shorter notice or filing rules may apply to some defendants. Starting early gives counsel time to preserve evidence and identify every deadline.
Key Takeaway: Do not assume every child has until age 20. Medical malpractice and other special claims may expire sooner.
GibsonSingleton Virginia Injury Attorneys can review the applicable filing and notice deadlines, preserve evidence, and identify shorter deadlines before they expire.
Child Injury Attorneys in Hayes – GibsonSingleton Virginia Injury Attorneys
Ken Gibson, Esq.
Ken Gibson is a trial attorney who has practiced in Gloucester since 2009. He served as an Assistant Commonwealth’s Attorney in Norfolk and later as a federal prosecutor with the U.S. Department of Justice. His prosecution work earned him a certificate of commendation from FBI Director Robert S. Mueller III and Special Achievement Awards from the Department of Justice.
Ken earned his undergraduate degree from the University of Virginia and his Juris Doctor from the University of South Carolina School of Law. He also served in the United States Marine Corps Reserves. Ken previously represented the Petsworth District on Gloucester County’s Board of Supervisors and has participated in local civic and professional organizations, including the Virginia Trial Lawyers Association and the American Association for Justice.
John Singleton, Esq.
John Singleton earned his undergraduate degree from Colby College and his law degree from Mercer University School of Law. He also served in the United States Marine Corps in China and Beirut, Lebanon.
John serves part time as a Special Justice who hears adult mental health commitment matters for Virginia’s Ninth Judicial Circuit. He is an active member of the Middle Peninsula Bar Association, the Fairfield Foundation, the Gloucester-Mathews Care Clinic, and other community organizations. John approaches each case with determination and uses his insurance defense experience to provide practical guidance to injured children and their families.
Does the Filing Deadline Change for Childhood Sexual Abuse Claims?
Virginia gives more time for personal injury claims arising from sexual abuse during childhood. Virginia Code § 8.01-243(D) allows 20 years after the claim accrues. Under Virginia Code § 8.01-249(6), the claim accrues at the latest of these events:
- the end of minority or incapacity;
- when a physician, psychologist, or clinical psychologist first communicates the injury and its connection to the abuse; or
- when qualifying corroborative evidence is discovered or reasonably should have been discovered.
For a claim against an entity that relies on newly discovered corroborative evidence, the underlying cause of action must have occurred on or after July 1, 2026.
Who Pays for My Child’s Medical Bills During the Case?
Families can submit bills for injury-related treatment to the child’s health insurer. Medical payments coverage on an applicable auto policy can also help pay bills after a crash. If coverage is unavailable or incomplete, the family can request payment plans or financial assistance from providers. A medical provider may have a statutory lien against the child’s claim. The lien must reflect a just and reasonable charge and is subject to statutory caps that vary by provider type.
Under Virginia’s collateral source rule, the child may seek the full amount of reasonable medical charges caused by the injury, including amounts written off under a private insurance agreement. Virginia-regulated health plans cannot include a personal injury subrogation clause. Some plans governed by federal law, Medicaid, and other government programs may still have reimbursement rights.
Recoverable past and future medical expenses may include the cost of surgeries, physical therapy, mental health care, medication, and medical equipment.
Can Parents Recover Their Own Medical Expenses Too?
The date the claim arose determines how a parent recovers related medical expenses.
- Claims arising on or after July 1, 2013: Past and future medical expenses are included directly in the child’s claim under Virginia Code § 8.01-36. If a parent or guardian paid those bills or is legally obligated to pay them, that adult has a lien and a right to reimbursement from the child’s recovery. The filing deadline for these expenses follows the deadline for the child’s injury claim.
- Claims arising before July 1, 2013: A parent or guardian may have a separate claim for medical expenses and loss of services. Virginia Code § 8.01-243(B) gives this older type of claim a five-year filing period.
GibsonSingleton Virginia Injury Attorneys can identify, challenge, and renegotiate liens, document future treatment costs, and account for the parent’s reimbursement right when the child’s recovery is distributed.
How Does a Virginia Court Approve a Child’s Settlement?
Under Virginia Code § 8.01-424, a court can approve a settlement if it serves the child’s best interests. If the settlement is approved, the court directs how the proceeds will be paid and protected. A person or insurer interested in the settlement may request approval even when no lawsuit is pending.
What Happens to Claim Proceeds Until My Child Turns 18?
The court determines how the settlement proceeds are protected. Options include holding the funds in court or with its general receiver, paying a qualified fiduciary, establishing a court-approved trust, funding a qualifying Commonwealth Savers Plan account, or arranging structured future payments. Funds held by the court or its general receiver can be invested, and any accrued interest is credited after allowable fees and bond costs.
Access to the funds depends on the court order and the account structure. A parent, guardian, trustee, or fiduciary may need court approval before withdrawing money for the child’s education, maintenance, support, or medical care.
Can Funds Be Released Before Age 18?
Funds may be released before age 18 in limited cases. Under Virginia Code § 8.01-606, a court can use a simplified process for funds or property valued at $50,000 or less. The court may pay the money to a capable adult for the child’s education, maintenance, and support, or directly to a minor with sufficient age and judgment. However, direct payment is not automatic, and a settlement below this threshold is not guaranteed an early release.
How Much Does It Cost to Hire a Child Injury Lawyer?
GibsonSingleton Virginia Injury Attorneys handles child injury claims on a contingency fee basis. The attorney fee is a percentage of the recovery, and no attorney fee is owed if there is no recovery. When court approval is requested for a minor’s settlement, the proposed attorney fee can be included in the settlement papers for the court’s review. Call (804) 413-6777 to discuss your child’s injury claim with our experienced child injury attorneys.
Speak With a Virginia Child Injury Attorney
A child injury claim may involve court procedures and insurance deadlines while your family manages medical care. Our attorneys can address those legal matters so you can focus on your child’s recovery.
GibsonSingleton Virginia Injury Attorneys can gather medical records and witness evidence, communicate with insurance companies, and document current and future care needs. Our Virginia child injury lawyers can also review a proposed settlement with the family, explain how its terms may affect the child’s future needs, and prepare the necessary court approval papers.
To schedule a free consultation, call (804) 413-6777. Our office is located at 4073 S George Washington Mem Hwy in Hayes, VA 23072, serving families throughout Gloucester County and the surrounding region.
Frequently Asked Questions
Can my child file an injury claim on their own in Virginia?
No. The case must be filed in the child’s name through a next friend, who handles the lawsuit on the child’s behalf.
Who can serve as my child’s next friend?
Either or both parents may serve as the next friend. A guardian or another suitable adult may take that role when needed, and the court can address conflicts affecting the child’s interests.
How long do I have to file a child injury claim in Virginia?
For many nonmedical claims, the filing period does not run while the child is a minor. This can extend the deadline to two years after the child turns 18, but medical malpractice and other claims may have shorter limits.
What happens to my child’s settlement money until they turn 18?
The money is not automatically paid to a parent. Depending on the court order, it may remain under court supervision, be placed with a fiduciary or trust, go into a qualifying Commonwealth Savers Plan account, or be paid later through a structured arrangement.
Can a court release settlement funds before my child turns 18?
When the funds are worth $50,000 or less, the court may authorize payment to a capable adult for the child’s benefit or directly to a minor with sufficient age and judgment. The court decides whether early payment is appropriate.
How much does a child injury lawyer cost?
GibsonSingleton Virginia Injury Attorneys uses a contingency fee arrangement. The attorney fee is tied to the recovery, and no attorney fee is owed if the case does not result in compensation. Call (804) 413-6777 for a free consultation.
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