Virginia Code
Va. Code Ann. § 8.01-8 (2026)
How minors may sue
✓ current as of May 2026
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Any minor entitled to sue may do so by his next friend. Either or both parents may sue on behalf of a minor as his next friend.
Code 1950, § 8-87; 1977, c. 617; 1998, c. 402.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1989–2025 · leading case: Herndon v. St. Mary's Hosp., Inc., 587 S.E.2d 567 (Va. 2003).
Herndon v. St. Mary's Hosp., Inc., 587 S.E.2d 567 (Va. 2003). “In this appeal, we consider whether Code § 8.01-8 authorizes parents to bring an action in their own name as next friend of their minor child.”
Com., Dept. of Soc. Servs. v. Johnson, 376 S.E.2d 787 (Va. Ct. App. 1989). “See Code § 8.01-8. In the second action, only after the matter was appealed to the circuit court did the Division petition to intervene and the trial court appoint counsel to represent the minor child’s interest.”
Brown v. Ortho Diagnostic Sys., Inc., 868 F. Supp. 168 (E.D. Va. 1994). “" Va.Code § 8.01-8 (1950). 8 . See, e.g., Herrera-Venegas v.”
Coffey v. Virginia Birth-Related Neurological Injury Comp. Prog., 558 S.E.2d 563 (Va. Ct. App. 2002). “APPOINTMENT OF COUNSEL TO PROSECUTE THE CLAIM Devin first argues that his disability as an infant entitled him to the appointment of legal counsel to prosecute his claim. He cites no authority in support of that contention, and we have found none.”
Willis v. Mullett, 561 S.E.2d 705 (Va. 2002). “Willis notes that if the next friend, negligently or otherwise, fails to file the action within the reduced time required under the medical malpractice statute of limitations for minors, the minor would lose his right to a jury trial.”
Bacon v. City of Richmond, 386 F. Supp. 2d 700 (E.D. Va. 2005). “See Rule 17; see also Va Code Ann. § 8.01-8. C-FAIR has standing in its representational capacity with respect to the claims asserted under the ADA and the RA.”
Chicago Ins. Co. v. Paulson & Nace, Pllc, 37 F. Supp. 3d 281 (D.D.C. 2014). “Nace SOF ¶ 6; see also Va. Code § 8.01-8 (2013) (“Any minor entitled to sue may do so by his next friend.”
Rivera v. Nedrich, 529 S.E.2d 310 (Va. 1999). “[i]f an infant becomes entitled to bring such action, the time during which he is within the age of minority shall not be counted as any part of the period within which the action must be brought ” 1 We agree that the plaintiffs receive the benefit of the tolling provision in…”
Herndon v. St. Mary's Hosp. Inc., 587 S.E.2d 567 (Va. 2003). “In this appeal, we consider whether Code § 8.01-8 authorizes parents to bring an action in their own name as next friend of their minor child.”
Halatyn v. Miller, 69 Va. Cir. 236 (Fairfax Cir. Ct. 2005). “” Va. Code § 8.01-8. The Supreme Court of Virginia has, however, *241 explicitly established that the minor is the real party in interest in claims brought through his or her next friend.”
Hicks v. City Of Lynchburg (W.D. Va. 2022). “17(c); see also Va. Code § 8.01-8 (stating that, “[a]ny minor entitled to sue may do so by his next friend.”
Horton v. Monroe, 84 Va. Cir. 471 (Richmond County Cir. Ct. 2012). “Plaintiff argued the Motion to Amend should be granted because (a) Plaintiff can nonsuit and re-file the suit in compliance with Va. Code Ann. § 8.01-8 and (b) judicial economy would be promoted in doing so.”
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