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Representing Children in Injury Cases



Children are included in the many people Curcio Law has represented over our 50+ years of combined practice. Special issues must be considered and addressed when handling the personal injury claims of those under 18 years old. In such cases, proving the common issues of the negligence of the person causing the harm must be addressed. However, the usual defenses of contributory negligence may or may not be applicable as such depends not only on the facts but also on the age of the injured child.


When representing a minor in Virginia, the potential for a contributory negligence defense is determined by the age of the injured child:

  • By law, a child under the age of seven is incapable of being contributorily negligent.
  • For a child between the ages of seven and 14, there is a rebuttable presumption that the child is incapable of being contributorily negligent. However, to rebut the presumption, the defense has the burden of proving, by considering the age, intelligence, maturity, and experience of the child, that he or she could understand the danger sufficiently to avoid it.
  • When considering whether a child between the age of seven and 18 acted reasonably in the situation, their conduct is to be measured by the degree of care a person of the same age, experience, discretion, and knowledge would exercise under the circumstances.


Correctly determining the damages and potential consequences sustained by an injured child to obtain full and fair compensation can present some unique issues. Among these are,

  • Determining the nature of the injuries and whether they are permanent and will extend throughout the child’s expected life span. For example, a school-aged child suffering a traumatic brain injury will often do poorly in school as a result of the injury. That situation often leads to the need for the school to develop an Individual Education Plan for the child, something the attorneys at Curcio Law understand and can explain to the claims adjuster or a jury.
  • Poor performance in school often leads to the child becoming frustrated and possibly depressed or can lead to behavioral issues. Again, all these must be addressed and understood by a lawyer, which may require working with the healthcare specialists treating the child for these issues.
  • Challenges often surface when a teenager suffers a brain injury and then experiences a decline in grades or mood changes. Proving that the changes result from the brain injury versus some other cause unrelated to the injuries requires the commitment and compassion you can count on from the entire Curcio Law team.
  • Cases involving serious brain injuries resulting in permanent and significant cognitive impairments often lead to the issue of lessening of earning capacity. This possibility must be considered and calculated. To do this, in addition to working with the medical and health care providers, a vocational rehabilitation specialist must be consulted to determine what jobs the injured child would be capable of performing as an adult and what those jobs pay versus what the child was likely to earn but for the injury.

Once those figures are determined, an economist may be needed to determine the present value of such losses. Similar considerations occur when a child loses a limb or suffers another serious life-altering injury. If the child needs future medical care throughout his or her lifetime due to the injuries, those costs must also be determined by working with medical specialists and life-care planners. Such injuries also cause the child mental anguish and great inconvenience, all of which Curcio Law attorneys are committed to proving so the child receives the full compensation to which they are entitled. Similar damages must also be considered in cases involving scarring.

Contact a Virginia lawyer for a free consultation about life-altering injuries to children

In addition to the issues discussed above, procedural matters must be understood and followed to properly settle a personal injury claim involving a minor, to ensure that the child’s interests are protected. Curcio Law in Alexandria, Virginia, is experienced in handling such cases caused by someone else’s negligence. Please call or text us at 703-836-3366 or contact us online to discuss your case in a free initial consultation.

  • "$2,000,000.00 Auto Pedestrian Hit by Car / Brain Injury"

  • "$2,000,000.00 Pedestrian Hit By Bus / Broken Foot, Surgery Complications & Partial Choroidal Detachment"

  • "$2,000,000.00 Wrongful Death Settlement"

  • "$1,900,000.00 Pedestrian Hit By Truck / Fractured Pelvis & Multiple Surgeries"

  • "$1,500,000.00 Auto Accident / Wrongful Death"

  • "$1,200,000.00 Auto Accident / Broken Neck, Punctured Lung"

  • "$847,500.00 Dangerous Dog Bite / Facial Injury, Scarring"

  • "$600,000.00 Tractor Trailer Crash / Neck Injury, requiring surgery"

  • "$595,000.00 (Jury Verdict) Auto Accident / Broken Foot"

  • "$546,905.00 Auto Accident / Neck injury, Herniated Disc"

Meet Our Attorneys
Our Awards & Memberships
  • Best Personal injury lawyers in Alexandria
  • NTL-40-under-40
Client Reviews
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    Talk to Tom - he’s friendly, sincere and easy to work with. I was seriously hit at 60+mph by a drunk driver running a red light. I interviewed 3 firms and chose Tom/Curcio Law. Glad I did. They were diligent in pursuing my claim and dealing with al...

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    Jack Butler

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    Through no fault of my own, I hurt my leg on the sharp corner of a metal step stool in a public restroom. It was a serious and deep laceration that required prolonged treatment in a hospital wound care center and still impacts my life. Even when othe...

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    Marjorie Kitzes

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    I was a passenger in a horrible car accident and sustained injuries. Curcio Law, especially Tom Curcio, fought hard for me and won my injury law suit. This law firm is excellent and I highly recommend them. They are truly the best.

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    Sean Mclemore

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    Justin was patient and thorough and able to get a great resolution for my family. I would recommend him to help other family and friends.

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    Dara Katz

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    I cannot express in mere simple words how grateful I am for Curcio Law Firm, especially Rakin. I never dreamed, as a pedestrian, while standing and waiting to cross the street in Old Town, Alexandria, VA, that I would be struck by an SUV and live thr...

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    Dana Neese

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