When a child suffers a serious injury due to someone else’s negligence, parents and guardians face a complex legal process to recover compensation. Unlike adults, minors cannot file personal injury claims on their own. Georgia law requires parents or legal guardians to navigate specific procedures to protect the child’s interests and ensure any settlement funds are properly managed.

This guide explains the essential steps parents must take when handling personal injury claims for injured children in Georgia, including settlement thresholds, court approval requirements, and how to protect your child’s compensation. Chris Hudson Law Group has over 20 years of experience guiding families through this process in Augusta, Georgia, and our team understands the unique challenges families face when a child is injured.

Why Minors Cannot File Personal Injury Claims Independently

Under Georgia law, children under the age of 18 lack the legal capacity to file lawsuits or enter into binding settlement agreements. This protection exists because minors are presumed unable to understand the legal and financial implications of their decisions.

Georgia statutes O.C.G.A. § 29-3-2 and § 29-3-3 establish that a minor’s parent or legal guardian must act on their behalf in all legal matters, including personal injury claims. A child cannot sign settlement agreements, accept insurance offers, or testify in court proceedings without parental involvement. This means that as a parent, you become the primary decision-maker in your child’s injury claim, responsible for negotiating with insurance companies and ensuring any settlement is fair.

Parents serve as the natural guardians of their children’s legal interests. If a parent is unavailable or has a conflict of interest, the court may appoint a conservator or guardian ad litem to represent the child’s interests separately. This additional layer of protection ensures that even in complicated family situations, the child’s rights are protected by someone with legal authority and a duty to act in the child’s favor. Proper legal representation is essential in these complex matters.

Who Can File a Claim on Behalf of an Injured Child

Not every adult can file a personal injury claim for a child. Georgia law specifies who has the legal authority to act as a representative.

Authorized Representatives for Minor Injury Claims:

Both parents (typically with equal authority)
Custodial parent (in cases of divorce or separation)
Court-appointed guardians or conservators
Foster parents or relatives with legal guardianship
Guardian ad litem (appointed when conflicts of interest exist)

Both parents typically have equal authority to file a claim. If parents are divorced or separated, the parent with primary custody generally has the authority to file, though both parents may have separate claims for their own losses, such as medical expenses or lost wages.

If a child’s parents are deceased or incapacitated, a court-appointed guardian or conservator may file the claim. These individuals must demonstrate they have been legally appointed to manage the child’s affairs through proper court proceedings.

In cases where a conflict of interest exists—such as when a parent’s insurance is responsible for the injury—the court may appoint a guardian ad litem to represent the child’s interests separately. Georgia Rule of Professional Conduct 1.14 requires attorneys to consider whether a conflict of interest exists when representing a minor, and if one is identified, separate legal representation may be necessary. An experienced Augusta personal injury attorney can help navigate these complex situations to protect your child’s rights throughout the process.

Understanding Georgia’s Settlement Approval Thresholds

Georgia law establishes different procedures for settling minor injury claims based on the settlement amount. These thresholds determine whether parental approval alone is sufficient or whether court approval is required.

For settlements under $15,000, parents can typically approve the settlement without court involvement. The insurance company may require a release signed by both parents, but no formal court petition is necessary.

Settlements in the $15,000 to $25,000 range require the appointment of a conservator to manage the funds. A conservator is a court-appointed individual responsible for protecting and managing the minor’s money and must file an accounting with the court.

Settlements exceeding $25,000 require formal court approval. A judge must review the settlement to ensure it is fair and in the child’s best interest, examining the circumstances of the accident, the severity of injuries, medical expenses, and the child’s age and future earning potential. Georgia House Bill 620 updated these thresholds to provide more flexibility for smaller settlements while maintaining court oversight for larger awards. If you’re unsure which threshold applies to your child’s case, an experienced Georgia personal injury lawyer can advise you on the approval process and help maximize your child’s compensation.

How Court Approval Protects Your Child’s Funds

When a judge reviews a settlement, they examine whether the amount is reasonable given the child’s injuries, medical expenses, and future needs. The judge also ensures that any structured settlement or trust arrangement adequately protects the funds until the child reaches adulthood. This judicial review serves as an important safeguard, preventing parents from accepting unfair settlements and ensuring the child’s compensation is truly adequate for their long-term needs. Understanding how personal injury settlements are paid out can help you prepare for this process and know what to expect.

Separate Claims: Child’s Injury vs. Parental Claims

Georgia law recognizes that both the child and the parents may have separate claims arising from the same injury. Understanding these distinctions is critical for maximizing compensation.

The injured child has a personal claim for pain and suffering, including physical pain, emotional distress, and loss of enjoyment of life. If the injury affects the child’s ability to earn income as an adult, the child has a claim for future lost wages—particularly important in cases involving permanent disabilities or disfigurement.

Types of Claims in Minor Injury Cases:

These are the types of claims for injury cases for minors.

Child’s Claims:

Pain and suffering (physical and emotional)
Future lost earnings (if injury affects earning capacity)

Parental Claims:

Medical expenses incurred for treatment
Loss of services (value of household help the child would have provided)
Lost wages (if the parent missed work to care for the injured child)

Parents have a separate claim for medical expenses they incurred treating the child’s injuries, such as hospital bills, surgery costs, and rehabilitation. They also have a claim for loss of services, which compensates for the value of services the child would have provided if not injured. Separating these claims ensures that each party receives appropriate compensation for their losses and helps prevent disputes about how settlement funds should be allocated. When settlement funds are divided, the child’s portion is usually placed in a protected account or trust, while the parents’ portion may be paid directly to them.

Critical Steps to Take After Your Child’s Injury

Immediately following your child’s injury, taking the right steps can significantly impact your ability to recover compensation. The actions you take in the first hours and days after an accident can preserve crucial evidence and establish a strong foundation for your claim.

Your child’s health is the priority. Seek emergency medical care if needed and follow up with appropriate medical treatment. Medical records document the extent of your child’s injuries and form the foundation of your claim. Even if injuries seem minor at first, some conditions, like traumatic brain injuries, may not be immediately apparent.

Immediate Actions to Protect Your Claim:

Photograph the accident scene from multiple angles
Document hazardous conditions, property damage, and weather
Obtain contact information from all witnesses
Record witness statements while memories are fresh
Preserve all evidence (clothing, equipment, communications)
Notify the at-fault party’s insurance company promptly
Avoid detailed statements without legal counsel

Photograph the accident scene, including hazardous conditions and property damage. Obtain contact information from witnesses and record their statements while memories are fresh. Keep all evidence related to the accident, including photographs, videos, and communications. For guidance on what documentation you’ll need, review what documents you need for your personal injury case.

Notify the at-fault party’s insurance company of the injury claim, but avoid detailed statements without legal counsel. Contact a personal injury attorney as soon as possible. Many attorneys work on a contingency fee basis, meaning you pay nothing unless you recover compensation.

The Settlement Process and Court Approval Timeline

Understanding the settlement process helps you know what to expect and when. The journey from injury to final settlement typically involves several distinct phases.

Your attorney will investigate the accident, gather medical records, and calculate the value of your child’s claim. Once complete, your attorney sends a demand letter to the insurance company requesting compensation. The insurance company reviews the demand and makes a settlement offer. Your attorney negotiates with the insurance adjuster to reach a fair settlement. This process may take weeks or months, depending on the complexity of the case.

For cases involving serious injuries or disputed liability, negotiations can be lengthy. Insurance companies may make low initial offers, requiring multiple rounds of negotiation before reaching a reasonable settlement.

If the settlement exceeds $25,000, your attorney files a petition with the court requesting approval. The judge reviews the petition and may schedule a hearing to question the parents and the attorney about the settlement.

Typical Settlement Timeline:

Investigation and demand: 4-8 weeks
Initial settlement offer: 2-4 weeks after demand
Negotiation period: 4-12 weeks (or longer for complex cases)
Court petition filing (if needed): Upon settlement agreement
Court approval process: 2-4 weeks
Fund release and placement: 1-2 weeks after approval

Simple cases with clear liability may settle within a few months. Complex cases may take a year or longer. For more information on timelines, see our guide on how long a personal injury lawsuit takes.

Structured Settlements and Trusts for Minor Funds

For larger settlements, structured settlements or trusts may be recommended to protect the funds and provide tax benefits. A structured settlement uses an annuity to provide periodic payments over time rather than a lump sum, ensuring that the child’s funds are not depleted quickly. A trust arrangement places funds under the management of a trustee who ensures the money is used for the child’s benefit. Both approaches provide significant protection for the child’s long-term financial security.

Important Statute of Limitations for Minor Injury Claims

Georgia law provides extended deadlines for filing personal injury claims on behalf of minors. Understanding these deadlines is crucial because missing the statute of limitations deadline means losing the right to pursue compensation entirely.

Under OCGA § 9–3–90(a), the statute of limitations for personal injury claims is generally two years from the date of injury. However, for minors, the clock does not start running until the child turns 18. This means a child injured at age 10 has until age 20 to file a claim. This extended deadline recognizes that parents may need time to investigate the claim and negotiate with insurance companies. For more details, see our guide on how long you have to file a personal injury claim.

The extended deadline provides time to investigate and negotiate without rushing to file a lawsuit. However, it is still important to act promptly because evidence may be lost and witnesses’ memories may fade over time. Insurance companies may also become less cooperative as time passes.

Certain circumstances may toll (pause) the statute of limitations, such as when the defendant is out of state or when the injury is not immediately apparent. An attorney can advise whether any exceptions apply to your child’s case. Early investigation preserves evidence, secures witness statements, and allows your attorney to build a strong case.

Protecting Your Child’s Settlement: What Parents Must Know

Once a settlement is reached, protecting the funds is essential to ensure they benefit your child. The way settlement funds are managed can significantly impact your child’s financial security.

For settlements under $15,000, funds may be placed in a restricted account that requires parental approval for withdrawals. For larger settlements, a conservatorship or guardianship may be established to manage the funds formally. A conservator or trustee manages the settlement funds according to court orders and Georgia law.

Approved Uses of Minor Settlement Funds:

Medical care and treatment (current and future)
Education and tuition expenses
Housing and living expenses
Therapy and rehabilitation services
Disability-related equipment or modifications
College savings and educational planning
Special needs planning and support

Personal injury settlements are generally not taxable income. However, if the settlement is invested and earns interest or investment income, that income may be taxable. Consult with a tax professional about the specific tax implications of your child’s settlement.

Consider how the settlement funds will support your child’s future needs, including college education, medical care, and living expenses. For large settlements, hiring an attorney who specializes in guardianships and special needs trusts can ensure the funds are protected and managed optimally.

Frequently Asked Questions

How much can my child receive in a personal injury settlement in Georgia?

Settlement amounts vary widely depending on the severity of the child’s injuries, medical expenses, and long-term impact. Minor injuries might settle for $5,000 to $25,000, while serious injuries requiring surgery or causing permanent disability may result in settlements of $100,000 or more. Chris Hudson Law Group has recovered over $1,250,000 for an 18-year-old passenger who sustained multiple fractures requiring surgery in a single-vehicle accident. The specific amount depends on factors such as the clarity of liability, available insurance coverage, and the child’s age and future earning potential. An experienced personal injury attorney can review your child’s specific circumstances and provide an estimate of potential settlement value. View our case results to see examples of settlements we’ve secured for injured children and families.

Do I need court approval for my child’s injury settlement?

Court approval is required for settlements exceeding $25,000. For settlements under $15,000, parental approval is typically sufficient. Settlements between $15,000 and $25,000 require the appointment of a conservator but may not require formal court approval depending on the circumstances. An attorney can advise whether court approval is necessary for your specific settlement and guide you through the approval process if required. The court’s role is to ensure that any settlement is fair and in the child’s best interest, providing an important safeguard for your child’s financial future.

What happens to my child’s settlement money?

For smaller settlements, funds may be placed in a restricted account requiring parental approval for withdrawals. For larger settlements, a conservator or trustee manages the funds according to court orders. The funds can be used for the child’s medical care, education, housing, and other necessities. When the child turns 18, any remaining funds are typically released to the child, though this depends on the specific court order or trust arrangement. The exact management structure depends on the settlement amount and the judge’s determination of what is in the child’s best interest.

Why Work With Chris Hudson Law Group For Personal Injury Claims Involving Minors

If your child has been injured due to someone else’s negligence, you have the right to pursue compensation. The process of filing a personal injury claim on behalf of a minor involves specific legal requirements, but an experienced attorney can guide you through each step.

Chris Hudson Law Group has over 20 years of experience handling personal injury claims for injured children and families in Augusta, Georgia. Our founder, Christopher Hudson, is a former insurance defense attorney who understands how insurance companies evaluate claims and negotiate settlements. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your child.

With more than 22 years of legal experience, Christopher Hudson has earned recognition for his professional standing. During law school, he served as Managing Editor of the Mercer Law Review and received the Faculty Award for Outstanding Achievement in Legal Writing. He was inducted into the Brainerd Currie Honor Society and earned CALI Awards for the highest grades in Advanced Legal Writing and Law Practice Management. Christopher Hudson is listed in respected attorney directories such as Justia and Avvo. Chris Hudson Law Group also maintains a verified professional listing on ZoomInfo and other prominent legal platforms.

Contact Chris Hudson Law Group today for a free consultation. Call (706) 863-6600 or visit our website to schedule your appointment. Let us help you secure the compensation your child deserves.