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HAYES, VA – September 15, 2026 – Virginia law treats an injured child’s claim differently from an adult’s, applying separate rules for who may file, how long the filing period runs, and how settlement proceeds are protected. Gloucester County child injury attorney Ken Gibson of GibsonSingleton Virginia Injury Attorneys (https://www.gibsonsingleton.com/blog/how-can-your-child-receive-money-from-a-personal-injury-claim/) explains how those rules operate and where families most often encounter them.

According to Gloucester County child injury attorney Ken Gibson, a minor cannot manage a lawsuit or bind themselves to a settlement alone. Virginia Code § 8.01-8 allows a lawsuit to be filed in the child’s name through a next friend, with the child remaining the real party in interest. Either or both parents may serve in that role, and a guardian or another suitable adult may take it when circumstances require. “The child stays at the center of the case even though an adult is steering it,” Gibson explains. “That structure exists to protect the child, not to sideline the parents.”

Gloucester County child injury attorney Ken Gibson notes that the filing rules diverge from the adult standard. Virginia Code § 8.01-243(A) gives an injured adult two years to file a personal injury action, while Virginia Code § 8.01-229 pauses that period during minority for many nonmedical claims, which can allow filing until two years after the child turns 18. A minor’s medical malpractice claim instead follows Virginia Code § 8.01-243.1 and must be filed within two years of the last act or omission unless a statutory extension applies, with a child younger than eight at the time having until a tenth birthday.

Attorney Gibson points out that a parent acting as next friend does not need separate court approval or an appointment order. A guardian ad litem fills a different, court-appointed role, and where a Virginia attorney represents the child in the lawsuit, appointment is not required unless the court finds it necessary or another law demands it.

Delay carries risk even when the limitations period is paused. Records go missing, witness recollection fades, and shorter notice or filing requirements can apply to particular defendants. “Families across the Middle Peninsula sometimes wait because they have heard the clock stops until the child turns 18,” notes John Singleton, who handles child injury matters alongside Gibson at the firm. “That assumption is only partly right, and medical malpractice claims are the clearest exception.”

Medical expenses follow their own framework. Families can submit treatment bills to the child’s health insurer, and medical payments coverage on an applicable auto policy can help after a crash. A provider may hold a statutory lien against the child’s claim, which must reflect a just and reasonable charge and remains 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.

The date a claim arose determines how a parent recovers related expenses. For 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, and a parent or guardian who paid those bills or is legally obligated to pay them holds a lien and a right to reimbursement from the child’s recovery. Claims arising before that date may instead support a separate parental claim for medical expenses and loss of services, carrying a five-year filing period under Virginia Code § 8.01-243(B).

Settlements require judicial review. “A minor’s settlement is not final because the family and the insurer agree on a number,” Gibson observes. “The court reviews whether the terms serve the child and then directs how the money is protected.” Under Virginia Code § 8.01-424, a court may approve a settlement serving the child’s best interests and direct how proceeds are paid and safeguarded, and an interested person or insurer may request approval even when no lawsuit is pending.

Protection options include holding funds with the court or its general receiver, paying a qualified fiduciary, establishing a court-approved trust, funding a qualifying Commonwealth Savers Plan account, or arranging structured future payments. Access depends on the court order and the account structure, and a parent, guardian, trustee, or fiduciary may need approval before withdrawing money for education, maintenance, support, or medical care. Under Virginia Code § 8.01-606, a court may apply a simplified process for funds or property valued at $50,000 or less, though early release is never automatic. The court may pay funds to a capable adult for the child’s education, maintenance, and support, or directly to a minor with sufficient age and judgment, but neither outcome follows simply because a settlement falls below that threshold.

The firm handles child injury claims on a contingency fee basis, meaning the attorney fee is a percentage of the recovery and no fee is owed absent a recovery. Where court approval is requested for a minor’s settlement, the proposed fee can be included in the settlement papers for judicial review alongside the terms of the underlying agreement.

Families throughout Gloucester County, the Middle Peninsula, and the communities along Route 17 and the York River face these rules whenever a child is hurt by another party’s negligence. For those managing a child’s injury claim in Virginia, consulting a child injury attorney may help identify every applicable deadline and preserve evidence before it is lost.

About GibsonSingleton Virginia Injury Attorneys:

GibsonSingleton Virginia Injury Attorneys is a Hayes-based law firm dedicated to personal injury representation, including child injury claims. Led by attorneys Ken Gibson and John Singleton, the firm serves families throughout Gloucester County, the Middle Peninsula, and surrounding Virginia communities on a contingency fee basis. For consultations, call (804) 413-6777.

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Company Name: GibsonSingleton Virginia Injury Attorneys
Contact Person: Michelle Cain
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Phone: (804) 413-6777
Address:4073 S George Washington Mem Hwy, Hayes, VA 23072
City: Hayes
State: Virginia
Country: United States
Website: https://www.gibsonsingleton.com/