10.7.2024

Protecting Your Child's Rights: How Personal Injury Cases Differ for Minors in Virginia

Written by: Virginia Beach Injury Law

As parents, our top priority is our children's safety and well-being. Unfortunately, accidents happen, and sometimes those accidents result in serious injuries for our little ones. If your child has been injured in Virginia due to someone else's negligence, navigating the legal path to secure compensation can be confusing.

At Virginia Beach Injury Law, we understand the emotional and financial strain a child's injury can cause. Our experienced and compassionate attorneys are dedicated to helping families in Hampton Roads secure the compensation their children deserve. If your child has been injured in Virginia due to someone else's negligence, navigating the legal path to secure compensation can be confusing and overwhelming. It's important to understand how Virginia handles personal injury cases for minors so you can protect your child's rights and ensure they receive the care and compensation they deserve.

The Importance of Seeking Compensation for Your Child's Injuries

The physical and emotional toll an injury takes on a child can be immense. Medical bills can pile up quickly, and depending on the severity of the injury, there may be ongoing needs for rehabilitation or therapy. Seeking compensation through a personal injury lawsuit can help alleviate financial burdens and ensure your child has access to the resources they need to recover.

Securing Medical Care and Covering Costs

Compensation can cover past, present, and future medical expenses related to the injury. This includes doctor visits, hospital stays, medications, physical therapy, and any specialized care your child may require. A successful personal injury case can help recoup medical bills and ensure your child receives the ongoing care they need.

Holding Negligent Parties Accountable

Personal injury lawsuits hold the negligent party accountable for their actions. If someone else's carelessness or recklessness caused your child's injury, you may have the right to hold them accountable financially. This accountability helps deter similar incidents from happening to other children in the future.

Common examples of negligence in child injury cases include:

  • Car accidents involving drunk or distracted drivers
  • Daycare or school negligence resulting in injury
  • Injuries caused by defective products
  • Dog bites or other animal attacks
  • Slip and fall accidents due to unsafe premises

Key Differences Between Adult and Child Personal Injury Cases in Virginia

While the core principles of personal injury law apply, there are crucial differences when dealing with child injury cases in Virginia:

Representation by a Parent or Guardian

Since children are considered minors, a parent or legal guardian must act on their behalf. This guardian will manage the case and any awarded compensation.

Contributory Negligence and the Age of the Child (Virginia Law)

Virginia follows a modified comparative negligence rule. This means the amount of compensation awarded can be reduced based on the percentage of fault found on the part of the injured party. However, Virginia law takes the age of the child into account when determining contributory negligence. Younger children are generally not held to the same standard of care as adults.

Court Approval for Settlements Involving Minors (Virginia Statute)

Any settlement reached on behalf of a minor requires court approval. This protects the child's financial future by ensuring the awarded funds are managed responsibly. The court will determine how the funds are distributed and often appoints a custodian to oversee the money until the child reaches adulthood.

Protecting Your Child's Future: What an Attorney Can Do

An experienced Virginia Beach child injury lawyer can guide you through the legal process while you focus on your child's recovery. Here's how they can help:

  • Investigate the accident: They will gather evidence to prove negligence and determine the full extent of your child's injuries.
  • Handle communication with insurance companies: Attorneys can navigate complex insurance claims and ensure you receive fair compensation.
  • Navigate the legal process: They will handle all legal paperwork, negotiations, and court appearances.
  • Maximize your child's compensation: They know how to value your child's case and fight for the maximum amount of compensation possible.
  • Protect your child's future: They can guide you through the court approval process for settlements involving minors.

An attorney can also provide invaluable emotional support during a difficult time.

Virginia Beach Injury Law: Helping Families in Hampton Roads

At Virginia Beach Injury Law, we understand the emotional and financial strain a child's injury can cause. Our experienced and compassionate attorneys are dedicated to helping families in Hampton Roads secure the compensation their children deserve. We work tirelessly to ensure your child's future needs are met while you focus on their healing.

Contact Virginia Beach Injury Law today at (757) 802-4662 for a free consultation. We will answer your questions and guide you through the legal process every step of the way.

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