Disclaimer

This is educational information only and is not legal advice. I am not a lawyer. If you need legal advice about a specific case, contact a licensed Georgia attorney who handles minor-compromise or personal injury matters.

Detailed Answer — Typical Court Approval Process in Georgia

When a minor (someone under 18) suffers a personal injury and a settlement is reached, Georgia courts generally require additional steps so the settlement protects the minor’s interests. Courts treat settlements involving a minor differently because a minor cannot fully bind themselves in court. The following sequence describes the common steps you will encounter:

1. Negotiate and document the settlement:

   As with any personal-injury claim, the parties negotiate a settlement and put the agreement in writing. The settlement agreement should state the total amount, the allocation for medical expenses and attorney fees, how future care or minor’s future needs will be handled, and whether any portion will be structured (annuity) or placed in a blocked account. Keep full medical records, bills, and a chronology of the injury and losses — the court will want documentation showing the settlement is fair and reasonable.

2. Decide who will ask the court to approve the settlement:

   Usually the minor’s parent, legal guardian, or the minor’s lawyer (through a petition) files a petition with the appropriate Georgia superior court asking the judge to approve the compromise of the minor’s claim. If there is a disagreement among parents or between the parent and the insurer, the court will resolve who may proceed.

3. Appointment of a guardian ad litem (GAL) or next friend:

   Georgia courts commonly appoint a guardian ad litem or require a competent next friend to represent the minor’s best interests in court. The GAL investigates the case, reviews medical and settlement records, and files a report or recommendation with the court. The GAL is separate from the minor’s attorney and acts solely to protect the child’s interests.

4. File a petition (petition to approve compromise) and supporting documents:

   The petition usually asks the court to approve the lump-sum or structured settlement and to enter an order directing how funds should be held or distributed. Supporting documents commonly include:

   • Copy of the settlement agreement and release
   • Medical records and bills showing damages and future care needs
   • Itemized attorney fee statement and contingency fee agreement
   • Proposed order for disbursement (for example, payment of liens, attorney fees, costs, and placement of remaining funds in a blocked account or structured settlement)
   • Guardian ad litem report (if appointed)
5. Notice and hearing:

   Georgia courts typically require notice of the petition and hearing to interested parties (parents, guardians, insurers, medical providers who assert liens). The court schedules a hearing where the judge reviews the petition, hears from counsel and the GAL, and may question parties to ensure the settlement is fair and in the minor’s best interest.

6. Court review and approval order:

   The judge evaluates whether the settlement adequately compensates the minor, whether attorney fees are reasonable, and whether the proposed distribution protects the minor’s future needs. If satisfied, the judge signs an order approving the compromise and ordering how the settlement proceeds will be handled (immediate payments, liens, blocked accounts, annuities, or other protections).

7. Payment and safeguards after the order:

   After approval, the payer issues the settlement funds according to the court order. Common protective measures include:

   • Placing funds into a court-ordered blocked bank account or custodial account
   • Purchasing a structured settlement/annuity to provide scheduled payments over time
   • Requiring court approval before large future withdrawals
8. Long-term supervision (if applicable):

   In some cases the court retains limited jurisdiction over the funds and may require periodic reporting, or the order may require returning to court for approval of significant expenditures.

Timeframe: The process typically takes several weeks to several months depending on how quickly parties prepare the petition, how soon the court schedules a hearing, and whether the court appoints a GAL and allows time for that investigation.

Where to file: Petitions are usually filed in the superior court of the county where the claim would be litigated or where the minor resides. For complex facts or competing jurisdictions, a local Georgia personal-injury attorney can advise about the proper court and procedure.

Official resources: For information about Georgia courts and local procedures see the Georgia Judicial Branch at https://georgiacourts.gov/. For general reference to Georgia statutes and the legislature, visit the Georgia General Assembly at https://www.legis.ga.gov/.

Helpful Hints

• Hire an attorney experienced with minor-compromise settlements in Georgia. They will prepare the petition, coordinate with a guardian ad litem, and present the case to the court.
• Collect complete documentation: medical records, bills, wage loss proof, and records of future care needs. The court relies on clear evidence that the settlement is fair.
• Be transparent about liens (Medicaid, health insurers, medical providers). The court wants to know how liens will be paid before the minor receives net funds.
• Prepare a detailed petition that explains the settlement breakdown (gross recovery, attorney fees, costs, liens, and net to the minor) and recommends safe post-approval handling (blocked account, annuity, or custodial arrangement).
• If the settlement involves a structured payout, obtain and attach quotes from reputable annuity providers so the court can evaluate the long-term safety of the arrangement.
• Expect the court to focus on attorney fees. Contingency fees that appear excessive will draw scrutiny; be ready to justify the fee’s reasonableness by comparing the work done and the recovery obtained.
• Plan for timing: if medical treatment or needs continue, consider reserving a portion of the settlement to cover future costs or request a structure that pays over time.
• Ask the court for a clear order about who may access funds and under what conditions — this prevents disputes later when the minor reaches majority.