Key Takeaways
- Injured children can bring personal injury claims under Georgia law
- A parent or guardian files the claim, but the child is the legal beneficiary
- Most child injury settlements require court approval
- Settlement funds are typically restricted or protected until adulthood
- Parents cannot freely spend a child’s settlement money
- Proper handling protects the child’s long-term financial interests
Who Can File a Personal Injury Claim for a Child?
When a child is injured due to someone else’s negligence, the child cannot file a lawsuit on their own. Instead, Georgia law allows a:
- Parent
- Legal guardian
- Court-appointed representative
to bring the personal injury claim on the child’s behalf.
Although an adult files and manages the case, the claim legally belongs to the child, not the parent. This distinction is critical when it comes to settlement decisions and control of funds.
What Damages Can Be Recovered for an Injured Child?
A child’s personal injury claim may include compensation for:
- Medical expenses related to the injury
- Future medical care or therapy
- Pain and suffering
- Emotional distress
- Permanent injury or disability
In many cases, parents may also have a separate claim for certain expenses, such as medical bills paid out of pocket. However, damages tied to the child’s injury itself are preserved for the child’s benefit.
Who Controls the Child’s Personal Injury Claim?
Parents or guardians act as fiduciaries, meaning they must act in the child’s best interests—not their own.
While parents typically:
- Hire the attorney
- Participate in settlement negotiations
- Make strategic decisions
They do not have unlimited authority to settle the case or use the funds however they wish.
Georgia law places safeguards on child injury settlements to prevent misuse and ensure the child is protected long-term.
When Court Approval Is Required
In many cases, a child’s injury settlement must be approved by a Georgia court, especially when the settlement exceeds certain thresholds.
Court approval generally involves:
- Reviewing the settlement amount
- Evaluating attorney’s fees and expenses
- Ensuring the settlement is fair and reasonable
- Confirming the child’s interests are protected
The judge’s role is not to delay the process, but to make sure the settlement truly serves the child—not just the immediate needs of others.
How Child Settlement Funds Are Protected
Once approved, settlement funds for a child are usually placed in a restricted account, such as:
- A court-controlled account
- A conservatorship
- A structured settlement
- A restricted savings or investment account
In most cases:
- Funds cannot be accessed freely by parents
- Withdrawals often require court permission
- The child gains control of the funds at age 18
These protections exist to ensure the money is available for the child’s future medical needs, education, or long-term support.
Why These Cases Require Special Care
Child injury cases are not handled like adult injury claims.
They require careful consideration of:
- Future medical and developmental needs
- Long-term impact of injuries
- Proper valuation of pain and suffering
- Compliance with court and probate rules
Insurance companies may push for quick settlements, but settling too early—before the full scope of the child’s injuries is known—can permanently limit recovery.
Once a settlement is approved, it generally cannot be reopened later.
Getting Help After a Child Is Injured
If your child was injured due to someone else’s negligence, it’s important to work with a firm that understands both Georgia personal injury law and the special rules governing child settlements.
The Law Offices of Matthew C. Hines serves families throughout Georgia, with offices in Atlanta, Austell, Gainesville, Jonesboro, Marietta, and Dalton. We help parents protect their children’s rights while navigating court approval, settlement protections, and long-term planning.
Protect Your Child’s Future
When a child is injured, the legal process is about more than compensation—it’s about protecting their future.
Call the Law Offices of Matthew C. Hines at 678-535-3946
We can explain your options, guide you through the process, and ensure any settlement is structured to serve your child’s best interests.