Under Georgia law, only adults can file an insurance claim or lawsuit for an injury, and anyone under the age of 18 years is considered a minor. However, just because minors can’t pursue a claim themselves doesn’t mean they can’t receive compensation.
In Georgia, there is a two-year statute of limitations on filing an injury lawsuit that starts to run at the time of the accident. O.C.G.A. § 9-3-33. But if the injury victim is a minor, the two-year period can be paused and restarted on the day they turn 18 to allow them to file a lawsuit on their own behalf. In most cases, however, it doesn’t make sense to wait years to file a claim for the injury because the child’s parents need to recover medical costs after treatment. In addition, valuable supporting evidence may be lost or destroyed if too much time passes before the claim is filed.
Fortunately, the law also allows parents and guardians to pursue compensation on their child’s behalf while their child is still a minor. If a minor is injured because of someone else’s negligence, O.C.G.A. § 9-11-17(c) provides the method for filing a lawsuit. O.C.G.A. states “[i]f an infant or incompetent person does not have a duly appointed representative, he may bring an action by his next friend or by a guardian ad litem.”
Under this statute, “next friend” is interpreted to mean a custodial parent or other legal guardian of the child. For example, if the child has been legally adopted, the adoptive parent is considered the “next friend.” Relatives other than a parent or legal guardian (e.g., aunt, uncle, or grandparents) may not bring suit on the child’s behalf unless they have been appointed as a representative by the court.
Note that if a legal claim for damages is brought on the minor child’s behalf, the two-year statute of limitations will not be paused and restarted later (meaning, the child cannot file an additional claim after turning 18).
Also note that while parents and legal guardians have the right to file a lawsuit on the minor child’s behalf, they don’t have the right to accept a settlement when negotiating with the insurance company if the amount is over $15,000. In Georgia, all child injury settlements over $15,000 must be approved by a judge in a special hearing. O.C.G.A. § 29-3-3. The judge may also appoint a guardian ad litem to accept the settlement.