Woodbridge, Virginia Infant Settlement Lawyers

Knowledgeable Infant Settlement Attorneys for Clients Based in Woodbridge, VA

When a minor suffers an injury due to someone else's negligence, they may be entitled to compensation just as an adult would. However, actually collecting that compensation may require an extra step if the victim is under 18. In Virginia, this involves attending a hearing to figure out how the funds will be handled in the child's best interests.

At Valor Injury Law, our Woodbridge infant settlement lawyers can advocate for your child and push for an appropriate settlement or verdict. We have years of experience in personal injury law, so you can trust that we will guide you through the legal proceedings.

What Damages Can a Personal Injury Settlement or Verdict Account for in Virginia?

When a child is injured due to someone else's negligence, the losses involved can extend far beyond the immediate medical bills. A personal injury claim on behalf of a minor can seek compensation for a wide range of past and future damages, and accounting for the full scope of what the child has suffered and what they will continue to need is one of the most important parts of building the claim.

Medical expenses are often a central component. These can include emergency treatment, hospitalization, surgery, imaging, medication, physical therapy, and any ongoing or future care the injury requires. When a child's injuries are serious, the cost of that future care can be substantial, particularly if the injury will require treatment, therapy, or assistive devices throughout the child's life. Lost future earning capacity can also be part of the claim when a serious injury is likely to affect the child's ability to work and earn a living as an adult.

Non-economic damages are available as well. Pain and suffering, physical impairment, mental anguish, disfigurement, and loss of enjoyment of life are all recognized categories of harm in Virginia, and they can represent a significant portion of the total claim when a child has endured serious physical and emotional consequences as a result of the injury.

What Happens at an Infant Settlement Hearing?

In Virginia, any settlement of a personal injury claim on behalf of a minor must be approved by a court before it becomes final. This requirement exists to protect the child's interests and ensure that the settlement adequately compensates them for their losses. The hearing at which the court reviews and approves the settlement is commonly referred to as an infant settlement hearing, with the word infant used in its legal sense to refer to any person under the age of eighteen.

At the hearing, the court reviews the terms of the proposed settlement, the nature and extent of the child's injuries, the medical records and documentation supporting the claim, and the attorney's fees and costs associated with the case.

The judge evaluates whether the settlement is fair and in the best interests of the child before approving it. If the court is not satisfied that the settlement adequately reflects the child's losses, it can decline to approve the agreement.

Who Represents the Child at the Infant Settlement Hearing?

A minor cannot bring a personal injury claim on their own behalf. Under Virginia law, a parent or legal guardian typically serves as the child's next friend, acting on the child's behalf throughout the legal process. The next friend works with the attorney to pursue the claim, negotiate any settlement, and present the case at the infant settlement hearing.

In some cases, the court may appoint a guardian ad litem to represent the child's interests independently of the parents. A guardian ad litem is typically an attorney who is tasked with evaluating the proposed settlement from the child's perspective and making a recommendation to the court about whether the terms are fair.

The attorney's role at the hearing is to present the evidence supporting the settlement, explain the basis for the agreed amount, and demonstrate to the court that the terms are fair and serve the child's best interests. The judge may ask questions of the attorney, the parents, or in some cases the child, depending on the circumstances of the case.

Contact a Woodbridge Infant Settlement Attorney Today

When a child has been hurt, the legal process that follows should reflect what that child has truly lost. At Valor Injury Law, we will handle your child's case with care. Call 703-828-0051 or contact our Woodbridge, Virginia infant settlement lawyers at Valor Injury Law to schedule a complimentary consultation. Throughout the region, our firm provides legal help to individuals and families in Nokesville, Gainesville, Dumfries, Garrisonville, Montclair, Lake Ridge, Manassas, Dale City, Stafford, and Fredericksburg.