Virginia Injury Lawyer Blog
When your child is injured, Virginia law gives you, the parent or guardian, the right to seek justice — but the process is different than it is for adults.
Protecting Your Child’s Future After an Injury
As parents, we do everything we can to protect our children — from investing in top-rated car seats and helmets to teaching them to avoid strangers and to look both ways when crossing the street. But accidents still happen, and when they do, parents and guardians in Virginia have the right to seek justice on behalf of their child.
If your child has been injured due to someone else’s carelessness, you may be wondering:
Can a child file a personal injury lawsuit in Virginia?
Technically, the answer is no. Action can be taken on behalf of the child — but only with an adult’s help.
Who Can File a Lawsuit for a Minor?
Under Virginia law (Code § 8.01-8), anyone under the age of 18 is not legally permitted to file a lawsuit on their own. Instead, a responsible adult — usually a parent, relative or guardian — must file the lawsuit as the child’s “next friend.”
The “next friend” acts in the child’s best interests and serves as their legal representative during the case.
Case Example:
We represented a 13-year-old Fairfax student athlete who suffered a serious eye injury due to a defective soccer training device. With the mother as the “next friend,” we filed the lawsuit to hold the manufacturer accountable for the unsafe product and successfully won compensation for the child’s injuries.
What Is the Role of the “Next Friend”?
Once the lawsuit is underway, the next friend remains involved throughout the legal process. This includes:
- Participating in legal discovery
- Answering written questions (interrogatories)
- Attending depositions and court hearings
Essentially, the next friend helps the attorney present the case, advocate for the child, and ensure a just outcome.
Does the Court Have to Approve a Settlement for a Minor?
In Virginia, the court has the power to approve a settlement for a minor, but the law doesn’t require it. However, court approval is routinely requested by the defendant to protect the defendant from any future challenge once the child has turned 18 and to ensure that the minor cannot later claim they did not understand the settlement agreement.
How Is a Minor’s Settlement Approved?
Once court approval is requested, the court follows a specific process to ensure the child’s interests are fully protected:
- Petition for Approval: The attorneys will file a Petition with the court explaining the details of the case, the child’s injuries and medical treatment, and the settlement agreement. This Petition will also request court approval of the settlement.
- Appointment of an Independent Attorney: A neutral lawyer — often called a guardian ad litem — is typically assigned by the court to review the case and the settlement offer.
- Review & Recommendation: The neutral attorney evaluates whether the settlement is fair and reasonable. Their opinion is shared with the judge.
- Court Hearing: The judge will conduct a short hearing (typically under 10 minutes). The next friend and attorneys attend. If the judge agrees that the offer is in the child’s best interest, they’ll formally approve it.
If the judge feels the compensation is too low, they may reject the settlement and request renegotiation.
Case Example: Defective Car Seat Back Injures Child
In one of our cases involving a minor, we represented a Fairfax father and his 4-year-old daughter who were injured in a rear-end collision. The father’s seat collapsed backward during impact, causing his head to strike his daughter in the face. The child suffered multiple skull and facial fractures. We filed a lawsuit for the father and the child, against both the auto manufacturer and the car dealership. Our investigation uncovered prior reports of similar seat back failures in minor rear-end impact collisions. The evidence helped us negotiate a substantial settlement from the auto manufacturer and the car dealership.
Your Child Deserves Justice — Let Us Help
If your child is hurt through the negligence of others, you need more than just legal knowledge — you need an advocate who understands how to fight for children’s rights and navigate Virginia’s complex court system.
At Frei, Mims and Perushek, we’ve handled numerous personal injury claims involving minors and have helped families recover compensation for medical bills, emotional trauma, and future needs.
Contact us today for a free, no-obligation consultation.