How Virginia’s Personal Injury Statute of Limitations Applies to Minors

Virginia’s two-year statute of limitations for personal injury claims is well known to adult crash victims, but fewer people understand how the law treats injured children differently — and why that distinction matters even when a family decides not to pursue a claim right away.

The General Rule for Adults

Under Virginia Code § 8.01-243, an adult who is injured in a car, truck, or motorcycle accident generally has two years from the date of the crash to file a personal injury lawsuit. Failing to file within the applicable deadline can prevent an injured person from pursuing the claim in court. Although Virginia law provides certain exceptions and circumstances that may toll or extend a filing deadline, ongoing medical treatment or settlement discussions should not be assumed to extend the time available to file a lawsuit.

How the Law Treats Injured Minors Differently

Virginia law recognizes that children cannot bring lawsuits on their own behalf. Under Virginia Code § 8.01-229(A), the statute of limitations for a personal injury claim involving a minor is generally tolled — paused — during the period of their minority. In many personal injury cases, this means the limitations period does not run while the injured person remains a minor. Depending on the circumstances and any applicable exceptions, a child injured in a crash may therefore have additional time after turning 18 to bring a personal injury action.

This protection exists because the law acknowledges that a child has no legal capacity to pursue a claim independently, and that forcing families to file suit on a child’s behalf within two years of the crash — often while the child is still recovering and the full extent of injuries is not yet clear — would be inequitable.

Why Families Should Still Act Promptly

The tolling provision for minors does not mean a family should wait years before consulting an attorney or taking steps to protect the claim. Evidence fades and disappears quickly after any crash — surveillance footage is overwritten, witnesses move away, and road conditions change. The official police investigation may be closed and records archived long before the child reaches adulthood. An attorney retained early can preserve critical evidence, document the child’s injuries thoroughly from the beginning, and monitor the development of the claim as the child grows and the long-term effects of the injury become clearer.

Early legal consultation also helps families understand the full scope of what may be recoverable on the child’s behalf — including future medical care, lost earning capacity, and the lasting impact of injuries on the child’s development and quality of life. These forward-looking damages are often the most significant component of a child injury claim, and building the case for them begins well before any lawsuit is filed.

Claims on Behalf of Minors

Under Virginia law, a minor who is entitled to sue may do so through a next friend, and either or both parents may serve in that role. Virginia law also provides procedures for court approval of settlements involving people under a disability, including minors, to protect their interests. An experienced attorney can help families understand how these requirements may apply to a particular personal injury claim.

If your child was injured in a crash anywhere in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or across Hampton Roads, Breit Law is here to help. With more than 47 years of trial experience, William Breit has fought for injured children and their families throughout Hampton Roads. Contact us today.

Map of the Hampton Roads region in Virginia, where personal injury claims involving minors may be subject to different filing deadline rules than adult claims.