Children get a longer "Time limit" than adults in Virginia. Often the "time limit" (called the: "Statute of Limitations") is 2 years from the date of the car crash, but for kids under 18, it is until they are 18, and then 2 years. You should absolutely check with an experienced lawyer, licensed in Virginia, who actually goes to court and tries these kinds of cases from a real law firm in a real law office. The case is certainly more difficult due to the passage of time and the possible disappearance of evidence and/or witnesses. The insurance money may have been exhausted by the other victims' recoveries, so you may have to see what insurance was available to you and the other members of your household at the time. In cases of permanent injury, scarring, etc. it is important to get evidence of the costs, need and time necessary for the future medical care. A Guardian is not generally needed unless someone is under age, mentally incompetent or otherwise "unavailable" or unable to help in the prosecution or defense of their own claim or interests.
Answered on Feb 18th, 2013 at 11:35 PM