about us
Understanding Infant Settlements in Virginia: What Parents Need to Know
Elizabeth Soc
Apr 15 2026 17:00
When a child is injured due to someone else’s negligence—whether in a car accident, slip and fall, or another incident—any resulting compensation must go through a special legal process known as an infant settlement. In Virginia, children (referred to legally as “infants”) cannot settle claims on their own, so the court steps in to make sure the resolution is in the child’s best interest.
What Is an Infant Settlement?
An infant settlement is a court-approved agreement resolving a personal injury claim on behalf of a minor. Even if everyone agrees on the amount, a judge must review and approve the settlement before it becomes final. This added oversight helps protect the child’s long-term financial and legal interests.
Why Court Approval Is Required
Virginia law requires judicial review because children are legally unable to sign binding contracts. The court ensures:
- The settlement amount is fair based on the child’s injuries and circumstances
- Attorney's fees and case expenses are reasonable
- The funds are protected until the child becomes an adult—or allocated in a way that truly benefits them
How Infant Settlement Funds Are Managed
Once a judge approves the settlement, the money is typically placed in one of the following:
- A restricted bank account —accessible only when the child turns 18
- A structured settlement annuity —providing guaranteed payments at set ages
- A special needs trust —used when protecting eligibility for government benefits
The goal is always to safeguard the child’s future, whether that means covering medical expenses, funding education, or ensuring long-term care.
What Parents Should Expect in the Process
At The Soc Law Office, we guide families through every step of the infant settlement hearing. Here’s what the typical process looks like:
- We gather medical records, bills, and documentation of the injury
- We negotiate with the insurance company
- We prepare a petition outlining the proposed settlement
- We attend the hearing with you to present the agreement to the judge
The hearing is usually brief and straightforward, but it’s required to finalize the settlement.
Do You Need a Lawyer for an Infant Settlement?
Yes. Because the court must approve the details, it’s important to have an attorney who understands both personal injury law and the specific rules governing minor settlements in Virginia. Our team takes care of:
- Evaluating the fair value of your child’s claim
- Ensuring all paperwork meets Virginia’s legal requirements
- Protecting your child’s long-term financial interests
We’re Here to Help Your Family Move Forward
If your child has been injured and you’re navigating the settlement process, you don’t have to do it alone. At The Soc Law Office in Alexandria, we’re committed to guiding families with clarity, compassion, and strong advocacy—especially during stressful situations.
To schedule a consultation, visit soclaw.us or call us at (703) 828‑7525. We’re here to help protect your child’s rights and future.
