Who brings an injury claim on behalf of an injured child in Georgia?

· 2 min read

An injured child’s claim is pursued by an adult representative, most often a parent, acting in the role the law calls a next friend. The child remains the injured party and the owner of the claim, but because a minor cannot conduct litigation, a recognized adult stands in to file suit, make decisions, and move the case forward.

The usual representatives

In the typical case, a parent steps in as next friend to bring the child’s claim. When there is a legal guardian, that person can serve in the same capacity. A next friend is not the owner of the recovery; the role is to advocate for the child’s interest within the lawsuit. Courts can also appoint a guardian ad litem, an individual charged with looking out for the child’s best interest in the proceeding itself, particularly where the representative’s interests and the child’s might diverge or where a settlement needs independent scrutiny.

Two distinctions help keep the roles clear:

  • A next friend prosecutes the claim for the child but does not personally own the money recovered for the child’s injury.
  • A guardian ad litem is appointed by the court to protect the child’s interests during the case, not to run the litigation generally.

Separate claims a parent may hold

While the child’s claim for the injury itself belongs to the child, Georgia recognizes that a parent can have a related but distinct claim of their own, such as for the medical expenses the parent is legally obligated to pay for the child’s care. That parental claim is separate from the child’s claim for pain and the effects of the injury, and the two are often handled together but kept analytically apart. This separation matters when a settlement is divided and when court approval is considered.

The bottom line

In Georgia an injured child does not sue alone; an adult representative, usually a parent as next friend or a legal guardian, brings the claim, and a court may add a guardian ad litem to protect the child’s interests. The child owns the injury claim, while a parent may separately hold a claim for medical costs, and these roles and claims stay distinct as the case proceeds.

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.

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