At what settlement amount does a Georgia judge have to sign off on a minor’s case?
The trigger point in Georgia is a gross settlement above $25,000. At or below that figure, a parent can generally resolve a child’s claim without judicial review; once the total crosses it, a court must approve the settlement, and a larger net recovery brings an additional requirement.
The $25,000 line and how it is measured ¶
Under O.C.G.A. § 29-3-3, the relevant number is the gross settlement, which is the present value of all amounts paid to settle the claim, including cash, medical expenses, attorney fees, litigation costs, and any sum used to buy an annuity. Measuring the gross rather than only the cash to the child prevents fees and costs from being used to slip a large settlement below the threshold.
The requirements layer as the numbers rise:
- Gross of $25,000 or less: no court approval needed; a natural guardian may receive and hold the funds.
- Gross over $25,000, net of $25,000 or less: court approval required, but no conservator.
- Gross over $25,000 and net over $25,000: court approval required and a conservator must be appointed.
Which court signs off ¶
Where the approval happens depends on whether a lawsuit exists. If no action has been filed, the settlement goes to the probate court for review. If a suit is already pending, the court handling that case reviews and approves the settlement. In either forum, the judge’s task is to decide whether the resolution is in the child’s best interest, considering the injury, the fairness of the amount, and how the child’s share will be safeguarded.
The approval threshold is distinct from the separate question of who manages the money. Approval is about a judge reviewing the deal; the conservator requirement, triggered when the net exceeds $25,000, is about appointing someone to hold and account for the funds afterward.
The bottom line ¶
In Georgia a judge must approve a minor’s injury settlement once the gross exceeds $25,000 under O.C.G.A. § 29-3-3, with the review occurring in probate court or the court where a suit is pending. A net recovery above $25,000 adds the requirement of a conservator, so both the gross and net figures determine how much judicial and fiduciary oversight the settlement demands.
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.