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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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    Justin Curcio helped my father with a John vs Doe accident. He was always available and always answered our questions in depth and extensively. He made it very obvious that he really cares for his clients and always wants what’s best for them and a...

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    Begum Kucuk

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    I am so grateful that Tom Curico was my lawyer in a recent injury case. His persistence & due diligence went well above my expectations leaving me with a settlement I was not expecting. His attention to detail and thoroughness made the best outcome...

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    The Curcio Law Firm (particularly Tom Curcio and Justin Curcio) did an excellent job of representing me in my personal injury case. I was severely injured in a car/bike accident. They are smart, experienced in personal injury matters, easy to work wi...

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    milton whitfield

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    Don’t look twice in your search in Virginia for an attorney. I did a few google searches for a lawyer after I got rear ended by 2 cars and suffered injuries. Other firms weren’t as responsive or were more focused on gloating about their credentia...

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    Kevin Hernandez

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    Rakin from Curcio Law took my case for personal injury and I must say that it was a pleasure. All it took to initiate the process was one phone call where he asked detailed questions about the incident and that is it really. I made no effort to follo...

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    Tanu Garg

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