Who is eligible to file a Virginia child's personal injury lawsuit?

In Virginia, any child under the age of 18 is classified as an infant. Virginia does not allow children under the age of 18 to file a suit on their own behalf. Instead, an adult over the age of 18 must file on behalf of the child. The adult who files suit is known as the child's "next friend." The child's "next friend" is usually one or both of the child's parents; however, another adult or the child's legal guardian can also file a Virginia child's personal injury claim.

It is important to note that while the suit is filed by the "next friend" of the child, any monetary recovery belongs to the child and will be held by the Virginia courts until the child reaches the age of 18.

SEE: To whom does the money go in a child's personal injury case in Virginia?

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