Can a Parent File a Claim on Behalf of an Injured Child in Virginia?
Your child was hurt because of someone else's carelessness. Now you are trying to figure out what comes next, and whether you even have the right to do anything about it on their behalf.
The answer is yes. As a parent or guardian, you can absolutely pursue a personal injury claim for your child in Virginia. But the process works differently from how it does for adults, and some rules protect your child's money and rights that every parent needs to understand before moving forward.
Here is everything you need to know.
Children Cannot File Claims on Their Own
Under Virginia law, anyone under the age of 18 is legally considered a minor. In personal injury law, Virginia also uses the word "infant" to describe any child under 18 — regardless of their actual age. It is a legal term, not a description of how young the child is.
Because minors cannot sign legal documents, enter into contracts, or file lawsuits in their own name, Virginia law requires an adult to step in and act on their behalf. That adult is called a "next friend."
The next friend is almost always a parent. But it can also be a grandparent, an adult sibling, an aunt or uncle, or any other adult the court believes has the child's best interests at heart. As long as both parents agree on who should serve in this role, no court appointment is required. Either parent can step in as next friend and begin the process.
What a Parent Can Do as a Next Friend
As a next friend, you have the legal authority to file the claim, make decisions about the case, work with the attorney, and, with court approval, settle the case on your child's behalf.
One thing to understand clearly: the money recovered belongs to your child. Not to you as the parent. You may be reimbursed for out-of-pocket expenses you paid in connection with the injury — medical bills you covered, transportation costs, and similar expenses directly tied to your child's care. But the remaining compensation is legally your child's money, held for their benefit until they reach adulthood.
What Your Child Can Be Compensated For
The compensation available in a child's personal injury case covers the same categories as in an adult case and, in some situations, even more.
A child who is seriously hurt may be entitled to compensation:
for all medical expenses related to the injury,
future medical care they will need as they grow,
physical therapy and rehabilitation, pain and suffering, emotional trauma,
permanent scarring or disfigurement,
and the long-term impact on their ability to earn a living as an adult.
Virginia does not cap the damages a child can receive in a personal injury case. The full value of the claim depends on the nature and severity of the injury, the long-term effect on the child's life, and how clearly the other party's actions caused the harm.
Why Court Approval Is Required for a Child's Settlement
Here is the part that surprises most parents.
Even if the insurance company makes a settlement offer and both you and your attorney believe it is fair, a judge has to approve it before your child's case is officially resolved. This is called an infant settlement in Virginia.
The court's role is to protect the child. A settlement that looks fair to a parent today may not fully account for future medical needs, long-term limitations, or the lifetime impact of a serious injury on a child who still has decades ahead of them. The judge reviews the details of the case, the injuries, the treatment, and the proposed settlement amount to make sure it truly serves the child's best interests.
The court may hear from you as the parent, from your attorney, and in some cases from the child themselves. A guardian ad litem, an independent attorney appointed to represent only the child's interests, may also be involved in the process.
Once the judge approves the settlement, the case is final and cannot be reopened later, even after the child turns 18.
What Happens to the Money
Once a settlement is approved, the court decides how the funds will be managed until your child reaches adulthood.
For smaller settlements, typically $15,000 or less, the court may allow the funds to be released directly to the parent or guardian to hold in trust for the child.
For larger settlements, the court often requires a more structured arrangement. The money may be placed into a court-managed account, deposited with the court's general receiver, invested in a restricted annuity, or managed by a fiduciary appointed specifically for this purpose. Structured settlements can be designed to pay out at specific milestones — when the child starts college, reaches adulthood, or needs funds for ongoing medical care.
The goal in every case is to make sure the money is there for the child when they need it most.
The Deadline Is Different for Children
In Virginia, the standard deadline for filing a personal injury claim is two years from the date of the injury. For adults, that clock starts running on the day the accident happens.
For children, that deadline is paused — or tolled, as the law calls it — until the child turns 18. That means a child in Virginia generally has until their 20th birthday to bring a personal injury claim, regardless of when the injury happened.
This does not mean waiting is a good idea. Evidence disappears over time. Witnesses become harder to find. Medical records become harder to piece together. And the sooner a claim is filed, the stronger the evidence available to support it.
But the extended deadline does mean that if your child was hurt and you did not act immediately, you still have options.
A Note on Contributory Negligence and Children
Virginia, Maryland, and Washington D.C. all follow a rule where even 1% of shared fault can bar a person from recovering any compensation. This rule applies to children as well as adults.
In practice, it is much harder for an insurance company to argue that a young child was at fault for their own injury. Courts recognize that children have limited judgment and cannot be held to the same standard of care as adults. But the argument can still be raised, particularly in cases involving older children or teenagers, and it needs to be addressed directly in how the case is built.
Frequently Asked Questions
Does the other driver's insurance company deal with me directly as the parent? Yes. As the next friend, you are the person the insurance company communicates with regarding your child's claim. Your attorney handles those communications on your behalf throughout the process.
Can I settle my child's case without going to court? A settlement can be negotiated outside of court, but it cannot be finalized without a judge's approval. The infant settlement process is a required step in Virginia whenever a minor's personal injury claim is being resolved.
What if both parents disagree about who should act as next friend? If both parents cannot agree, the court can step in to resolve the dispute. In most cases, the court appoints one parent as the next friend based on who is best positioned to act in the child's interests.
Can my child file their own claim when they turn 18? If no claim was filed during childhood, yes. Virginia's tolling rule gives a child until their 20th birthday to file a personal injury claim for injuries suffered while they were a minor. However, the quality of available evidence will have diminished significantly over time.
When your child is hurt, your instinct is to do whatever it takes to make it right. Virginia law gives you the tools to do that — but it also puts guardrails in place to make sure your child's best interests are fully protected throughout the process.
At Valor Injury Law, infant settlements and personal injury claims for children are a dedicated part of what we do. We know how these cases work in Virginia and across the DMV, and we know how to build a claim that accounts for everything your child may need — not just today, but years down the road.
Call us at (703) 828-0051 for a free, confidential conversation.