Can a minor file a personal injury lawsuit on their own in Georgia?
A child under 18 cannot bring a lawsuit in their own name in Georgia. Because minors lack the legal capacity to sue, an adult must act for them, and the case proceeds in the child’s interest but through a representative the law recognizes. The injury claim still belongs to the child; it is simply pursued on their behalf.
Why a minor needs an adult to sue ¶
The legal system treats people under 18 as unable to manage litigation, sign binding agreements, or make the strategic decisions a lawsuit requires. To protect the child, Georgia requires an adult representative to step in. Typically a parent or legal guardian files as the child’s representative, often described as a next friend, and conducts the case for the minor. In some situations a court appoints a guardian ad litem to look after the child’s interests specifically within the litigation.
This protection extends to settlements as well. An adult representative negotiates, but the child’s financial interest is safeguarded by additional rules about court approval and the handling of any money recovered, which exist precisely because the claimant cannot act alone.
How the deadline works differently for children ¶
Georgia’s general deadline for a personal-injury suit is two years under O.C.G.A. § 9-3-33, but that clock is paused for minors. Under O.C.G.A. § 9-3-90, the limitation period is tolled during minority, so the time to sue generally does not begin running in the usual way until the child reaches adulthood. The practical effect is that a child’s own claim is often preserved past the date an adult’s identical claim would expire. Other deadlines, such as those involving claims against government entities, can still apply on their own terms, so the tolling rule should not be assumed to extend every deadline in a case.
The bottom line ¶
In Georgia a minor cannot file or run a personal-injury lawsuit independently. An adult, usually a parent or guardian acting as next friend, brings the claim for the child, and a court may appoint a guardian ad litem to protect the child’s interests. While the child’s own filing deadline is generally tolled during minority under § 9-3-90, the safeguards around representation and settlement remain in place throughout the case.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.