Filing a Personal Injury Claim on Behalf of an Injured Child

Can I File a Personal Injury Claim on Behalf of an Injured Child in Georgia or South Carolina?

When a child is injured due to someone else’s negligence, parents face an overwhelming mix of emotions — fear, anger, and uncertainty about what to do next. Beyond the immediate medical concerns, there are critical legal questions: Who has the right to file a claim on behalf of the child? How long do you have to take legal action? What types of compensation are available for an injured minor?

The answer is yes — parents and legal guardians can file a personal injury claim on behalf of an injured child in both Georgia and South Carolina. However, the rules governing minor injury claims are significantly different from adult claims, including special statute of limitations provisions, court approval requirements for settlements, and unique damage calculations that account for a child’s entire future.

Under both states’ laws, children cannot file lawsuits on their own behalf. Instead, an adult must act as the child’s legal representative. The legal concept of “next friend” allows a parent, guardian, or other qualified adult to bring a claim in the child’s name and best interest.

Who Can File a Claim on Behalf of a Minor

In both Georgia and South Carolina, a minor (anyone under the age of 18) lacks the legal capacity to file a lawsuit independently. Instead, the claim must be brought by an adult representative. The following individuals may file on behalf of an injured child:

Natural Parents

A biological parent is the most common representative in a minor’s injury claim. In most cases, either parent can bring the action. If the parents are divorced, the custodial parent typically files the claim, though the non-custodial parent may also have standing depending on the circumstances.

Legal Guardians

If the child’s parents are deceased, incapacitated, or have had their parental rights terminated, a court-appointed legal guardian can file the claim. The guardian or conservator must have been formally appointed by a court.

Next Friend

In Georgia, O.C.G.A. § 9-11-17(c) lets a minor sue through a “next friend” or a court-appointed guardian ad litem. A parent is the usual next friend; if no parent can act, a grandparent, other relative or any adult who will protect the child’s interests may serve, subject to the court’s oversight (Scott v. Scott, Ga. Ct. App. 2011).

In South Carolina the rule is the same: under Rule 17(c), SCRCP, a minor sues through a next friend, or through a guardian ad litem the court appoints when no one else represents the child. The guardian ad litem’s role is to ensure that the legal proceedings serve the child’s best interests, not the interests of the filing adult.

Statute of Limitations for Minors in Georgia

Georgia provides special statute of limitations protections for minors. Under O.C.G.A. § 9-3-90, the statute of limitations is tolled (paused) during the period of a person’s minority. This means the clock does not begin to run until the child reaches the age of majority, which is 18 in Georgia.

For personal injury claims, the standard statute of limitations is two years (O.C.G.A. § 9-3-33). When combined with the tolling provision, this means:

• A child injured at any age has until their 20th birthday to file a personal injury lawsuit in Georgia.
• If the child was injured at age 5, the family has until the child turns 20 — a full 15 years.
• If the child was injured at age 16, the family has until the child turns 20 — a minimum of 4 years.

The big exception is medical malpractice, including birth injuries. Under O.C.G.A. § 9-3-73, a child hurt before age five has until the seventh birthday, an older child has the ordinary two years, and suits are cut off at the tenth birthday or five years after the act, whichever applies.

However, just because the law allows waiting does not mean you should. Evidence deteriorates, witnesses become harder to locate, and medical records become more difficult to connect to the original injury. Filing sooner rather than later almost always produces a better outcome.

For wrongful death claims involving minors, the statute of limitations is also two years (O.C.G.A. § 9-3-33), but this is measured from the date of death and is typically not tolled because the claim belongs to the surviving family members, not the deceased child.

Statute of Limitations for Minors in South Carolina

South Carolina similarly tolls the statute of limitations for minors. Under S.C. Code § 15-3-40, the statute of limitations does not begin to run until the minor reaches the age of majority, which is 18 in South Carolina, but the extension is capped at one year after the child turns 18.

South Carolina’s standard personal injury statute of limitations is three years (S.C. Code § 15-3-530). Combined with tolling:

• An injured child in South Carolina has until their 19th birthday to file a personal injury lawsuit, or three years from the injury if that is later.
• A child injured at age 3 has until age 19 — 16 years.
• A child injured at age 17 has the ordinary three years — until age 20.

South Carolina’s deadline for most children falls a year earlier than Georgia’s, and the same practical advice applies: earlier filing preserves evidence and strengthens your case.

Court Approval Requirements for Minor Settlements

One of the most important differences between adult and minor injury claims is that larger settlements involving minors must be approved by a court in both Georgia and South Carolina. This requirement exists to protect the child from settlements that may not be in their best interest.

Georgia Court Approval Process

In Georgia, a settlement whose gross value exceeds $25,000 must be approved by the probate court — or, once a lawsuit is filed, by the court hearing the case (O.C.G.A. § 29-3-3). The court will evaluate:

• Whether the settlement amount is fair and reasonable given the injuries
• The attorney’s fees and whether they are appropriate
• How the settlement funds will be managed until the child turns 18
• Whether a structured settlement or trust is more appropriate than a lump sum

For settlements of $25,000 or less (gross) in Georgia, the natural guardian may settle and receive the funds without court approval. If the net amount after fees and expenses also exceeds $25,000, a conservator is required; with court approval the money can instead go into a structured settlement or trust, or be deferred until the child turns 18.

South Carolina Court Approval Process

South Carolina requires court approval for any minor’s settlement worth more than $2,500 after fees and costs (S.C. Code § 62-5-433). Up to $25,000 the petition may go to the probate court or the circuit court; above $25,000 only the circuit court can approve it. The court reviews a verified petition and takes whatever testimony it needs on:

• The adequacy of the settlement in relation to the child’s injuries and future needs
• The reasonableness of attorney’s fees and costs
• The proposed plan for investing and protecting the settlement funds
• Whether the settlement serves the minor’s best interests

In South Carolina, the approved funds are paid to a court-appointed conservator or under a probate-court protective order — often into a restricted account the child cannot access until age 18. The court may also approve a structured settlement that provides periodic payments over time.

Types of Damages Available for Injured Children

Damages in a child’s personal injury claim can be substantial because they must account for the child’s entire future — decades of potential impact from injuries sustained at a young age. Available damages include:

Medical Expenses (Current and Future)

All reasonable medical costs related to the injury, including emergency treatment, surgeries, hospital stays, physical therapy, mental health counseling, and any future medical care the child will need. For serious injuries like traumatic brain injuries or spinal cord injuries, future medical costs can extend over the child’s entire lifetime and may amount to millions of dollars.

Pain and Suffering

Children experience pain and suffering just as adults do, and they are entitled to compensation for physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life. Children who suffer visible scarring or disfigurement may receive additional compensation for the psychological impact of living with those injuries through adolescence and adulthood.

Lost Future Earning Capacity

Unlike adult claims that focus on lost wages from a current job, a child’s claim must project their future earning capacity. Expert economists and vocational specialists can estimate what the child would have earned over their lifetime had they not been injured. If the injury prevents the child from pursuing certain careers or limits their earning potential, this damage category can be significant.

Emotional and Developmental Impact

Childhood injuries can affect emotional development, educational achievement, social development, and the ability to participate in normal childhood activities. A child who suffers a serious burn injury, for example, may experience lasting psychological effects that impact their social interactions and self-esteem for years.

Parent’s Claim vs. Child’s Claim

An important distinction in minor injury cases is that the parent may have their own separate claim in addition to the child’s claim. These are legally distinct:

In Georgia, parents can recover medical expenses they have paid for the child’s care during the child’s minority (O.C.G.A. §§ 19-7-1 and 19-7-2). In South Carolina, similar parental claims are recognized (Patton v. Miller, 420 S.C. 471 (2017)), and the parent’s right to recover medical expenses continues until the child reaches 18.

Critical timing note: While the child’s claim is tolled, the parent’s claim is not. If a parent has their own damages — medical bills they have paid and the value of the child’s lost services — those claims are subject to the standard adult statute of limitations: 2 years in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530).

Common Types of Child Injury Cases

Children can be injured in many of the same situations as adults, but certain types of accidents disproportionately affect minors:

Car Accidents

Car accidents are a leading cause of death among children in the United States, according to the CDC. Children may be injured as passengers, pedestrians, or cyclists. Proper car seat and booster seat use is required by law in both Georgia (O.C.G.A. § 40-8-76) and South Carolina (S.C. Code § 56-5-6410), but a violation is not negligence per se in Georgia (O.C.G.A. § 40-8-76(c)) and is inadmissible in any civil case in South Carolina (S.C. Code § 56-5-6460), so an insurer cannot simply blame the parents for the child’s injuries.

Dog Bites

Children are the most common victims of dog bite injuries, and they tend to suffer more severe injuries because of their smaller size and the fact that bites often occur to the face and head. Georgia follows a modified “one bite” rule (O.C.G.A. § 51-2-7), while South Carolina imposes strict liability on dog owners under S.C. Code § 47-3-110.

Premises Liability and Playground Injuries

Premises liability cases involving children often arise from unsafe playground equipment, swimming pool accidents, unfenced construction sites, and hazardous conditions on another’s property. Both Georgia and South Carolina recognize the attractive nuisance doctrine, which makes a property owner liable for an artificial hazard — an unfenced pool, an open excavation — that injures a trespassing child when the owner should have expected children on the land and could have removed the danger at little cost (Restatement (Second) of Torts § 339; Gregory v. Johnson, Ga. 1982; Henson v. International Paper, S.C. 2007).

Birth Injuries and Medical Malpractice

Medical malpractice during delivery can cause catastrophic birth injuries including cerebral palsy, Erb’s palsy, and hypoxic brain injuries. These cases often involve the highest damage awards because the child may require lifetime care. Georgia has specific medical malpractice requirements including an expert affidavit (O.C.G.A. § 9-11-9.1), while South Carolina requires a Notice of Intent to File with an expert affidavit and pre-suit mediation (S.C. Code § 15-79-125 and S.C. Code § 15-36-100). The minor’s deadline is also shorter in malpractice cases: O.C.G.A. § 9-3-73 in Georgia, and in South Carolina S.C. Code § 15-3-545(D), which caps minority tolling at seven years and at one year after age 18.

School and Daycare Injuries

Negligent supervision at schools, daycares, and summer camps can result in serious child injuries. Claims against public schools may involve sovereign immunity issues in both states, while private facility claims proceed under standard negligence principles.

Georgia vs. South Carolina Comparison

Protecting Your Child’s Settlement

Once a settlement is approved by the court, the funds must be managed responsibly until the child reaches adulthood. Common options include:

• Structured settlements: Periodic payments over time, often designed to provide funds at key milestones (college age, age 25, age 30). These offer tax advantages and protect the child from receiving a large lump sum at age 18.
• Blocked accounts: Settlement funds deposited in a bank account that cannot be accessed until the child turns 18. The court order prevents early withdrawal.
• Conservatorships or guardianships: For larger settlements, the court may appoint a conservator to manage the funds and make investment decisions in the child’s best interest.
• Special needs trusts: If the child has a disability resulting from the injury, a special needs trust can protect the settlement funds while preserving the child’s eligibility for Medicaid and other government benefits.

Our attorneys at Roden Law have experience structuring minor settlements to maximize long-term value for the child. Whether your family is located near our Savannah or Darien offices in Georgia, or our Charleston, Columbia, or Myrtle Beach offices in South Carolina, we can help you navigate the court approval process and protect your child’s future.

Contact Roden Law for Help

Filing a personal injury claim on behalf of an injured child involves unique legal requirements that differ significantly from adult claims. The stakes are especially high because the outcome will affect your child’s medical care, education, and financial security for decades to come.

At Roden Law, our experienced attorneys have handled thousands of injury cases across Georgia and South Carolina, including many involving injured children. We understand the court approval process, the special statute of limitations rules, and how to calculate damages that fully account for your child’s future needs. We have recovered more than $300 million for our clients, and we work on a contingency fee basis — you pay nothing unless we win.

If your child has been injured due to someone else’s negligence, contact Roden Law today for a free, confidential consultation. Call 1-844-RESULTS to speak with an attorney who will fight for your child’s future.

About the Author

Graeham C. Gillin

Partner, COO