Fairfax Lawyers Pursue Full Compensation for Injuries to Children
Virginia attorneys fight for the youngest victims of negligence
Accidents involving children often occur when a person charged with supervising them failed to act with appropriate care. Injuries suffered by children can often have lifelong consequences. If your child has been harmed due to someone else’s negligence, Pikrallidas & Probasco in Fairfax, Virginia will fight aggressively to recover the compensation your child needs and deserves.
Common types of children’s injuries
Part of children’s growing up is actively exploring a world they’re not prepared for and which is not necessarily kid-friendly. Children often fall victims to accidents, such as the following:
- Car crashes
- Bicycle accidents
- Dog bites
- School and daycare accidents
- Swimming pool accidents
- Playground accidents
- Accidental poisoning
Though children have a capacity to heal, some accidents inflict catastrophic injuries that change the course of their lives.
Unique legal considerations in Virginia child injury cases
The normal statute of limitations for a personal injury case is two years from the date of the accident. However, Virginia has a two-tiered system for child injuries. If the parents bring an action in the child’s name, the statutory period is two years. But the period for child to bring his or her own action is tolled until the child’s 18th birthday. This means that a child can file suit up to the age of 20.
A notable exception for this rule concerns childhood injuries due to medical malpractice. Most children are held to the standard two years to bring a medical malpractice lawsuit. The statute might be tolled for very young children, but even for them, a case must be filed before they turn 10 years old.
A court might appoint a guardian ad litem to ensure that the child’s rights as a litigant are protected and that any settlement negotiated is in the child’s best interests. Settlements require court approval and the clerk of the court places the settlement proceeds in a savings account until the child turns 18. An alternative is to arrange a structured settlement, which could provide for a greater amount of money paid out in installments over several years.
Virginia law places less responsibility on children for negligence that may contribute to an accident. Adults who are even slightly at fault for an accident cannot recover any damages. But Virginia law deems a child under the age of seven to be incapable of being negligent. Children between the ages of seven and 14 are presumed to be incapable of negligence, though a defendant can present evidence that the child victim was capable of knowing how a reasonably prudent child should have behaved. In such a case, a court might rule that the child was contributorily negligent.
The right to recover a child’s medical bills belongs to the parents, not the child. Thus, the child’s lawsuit cannot claim medical bills as damages. The parents must submit their own claim.
Contact our Fairfax attorneys for a free child injury consultation
Pikrallidas & Probasco in Fairfax represents child victims of negligence in Virginia and Washington, D.C. Call us at 703-267-2600 or contact us online to schedule a free initial consultation.
