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 must have been formally appointed by the probate court or family court.

Next Friend

In Georgia, under O.C.G.A. § 9-2-17, a “next friend” may bring a lawsuit on behalf of a minor when there is no parent or guardian available or willing to act. The next friend is typically a close relative — a grandparent, aunt, uncle, or adult sibling — who can demonstrate a genuine interest in the child’s welfare.

In South Carolina, the concept is similar. Under S.C. Code § 62-5-433 and the South Carolina Rules of Civil Procedure (Rule 17), a guardian ad litem may be appointed by the court to represent the minor’s interests in the litigation. 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.

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.

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 21st birthday to file a personal injury lawsuit.
• A child injured at age 3 has until age 21 — a full 18 years.
• A child injured at age 17 has until age 21 — a minimum of 4 years.

South Carolina provides one additional year beyond Georgia’s deadline, but 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 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, any settlement of a minor’s claim must be approved by the superior court in the county where the minor resides or where the action is pending (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 under $15,000 in Georgia, the process may be simplified, with the funds being paid to the natural guardian. For larger settlements, the court will typically require the establishment of a conservatorship or structured settlement.

South Carolina Court Approval Process

South Carolina requires probate court approval for all minor settlements (S.C. Code § 62-5-433). The court conducts a hearing to determine:

• 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, settlement funds for minors are typically deposited into a restricted account that the child cannot access until they reach the age of 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). In South Carolina, similar parental claims are recognized, 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 — lost wages from caring for the child, medical bills they have paid, emotional distress — 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 the leading cause of injury-related death among children in the United States. 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), and failure to properly restrain a child may affect the comparative fault analysis.

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 imposes a higher duty of care on property owners when children are likely to be attracted to a dangerous condition on the property.

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 and expert mediation under S.C. Code § 15-79-125.

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 hundreds of cases involving injured minors across Georgia and South Carolina. 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 $250 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

Eric Roden

Founding Partner, CEO