Hurt by Someone Else's Negligence? Start With a Clear Plan.

If a child is seriously hurt in Georgia, the child’s own injury claim generally waits. Under Georgia’s minority rule, the two-year clock usually starts on the child’s 18th birthday. Other claims in the same family can run on different clocks, so one date is rarely enough.

The Short Answer: A Child’s Own Claim Is Generally Paused Until 18

Georgia’s general rule gives people two years to bring an action for an injury to the person, under O.C.G.A. § 9-3-33.

Here’s the math. Under O.C.G.A. § 9-3-90, individuals who are less than 18 years of age when a cause of action accrues are entitled to the same time after they reach the age of 18 years to bring an action as is prescribed for other persons, though some exceptions apply. For most claims by a child, the time to sue generally does not begin until age 18, though exceptions apply.

Many people assume the clock starts on the day of the crash. For a child’s own claim, Georgia’s minority rule under O.C.G.A. § 9-3-90 generally moves the starting point to age 18. This answer covers only the child’s own claim. The family’s other claims are covered below. Keep the child’s medical and crash records in one folder from day one, because they will matter long after the injury.

How the Standard Two-Year Clock Works for Adults

For most adults, the deadline is two years from the date of the injury. That rule comes from O.C.G.A. § 9-3-33, which applies to actions for injuries to the person. An adult cannot count on the minority pause, because it only covers people under 18 when the claim arises.

Local rules can matter too. A slip on a city-owned walkway in Johns Creek, for example, may be subject to a shorter notice deadline, because claims against a municipal corporation generally require written notice within six months under O.C.G.A. § 36-33-5. Our Johns Creek slip and fall deadline guide covers that rule in more detail.

Pull the injury date from a police report, medical chart, or incident report. Don’t rely on memory alone, and mark the date on a calendar as soon as you can.

Claims That Generally Do Not Wait for the Child to Turn 18

Some claims belong to people other than the child, and they can run on their own timeline. Those claims are separate from the child’s own claim.

A wrongful death claim is different again. O.C.G.A. § 51-4-5 says that when no one else is entitled to bring the action, the administrator or executor may sue for the benefit of the next of kin. Its deadline is a separate question, so confirm it early instead of assuming it follows the child’s own clock.

Claims against a government body run on much shorter clocks. For a claim against a municipal corporation, O.C.G.A. § 36-33-5 requires the claim to be presented in writing to the governing authority within six months of the happening of the event, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury, and the description of the extent of the injury must include the specific amount of monetary damages being sought. For a county, O.C.G.A. § 36-11-1 requires claims within 12 months after they accrue or become payable, provided that minors or other persons laboring under disabilities shall be allowed 12 months after the removal of the disability to present their claims. For the state, O.C.G.A. § 50-21-26 requires written notice within 12 months of when the loss was discovered or should have been discovered.

Because each clock can run separately, a single calendar date is not enough.

Why Waiting Still Carries Risk in a Catastrophic Injury Case

The legal deadline is not the only concern. Evidence can be lost or overwritten over time. Vehicle data, surveillance video, maintenance records, and witness memories all change or fade. Early preservation helps protect what a family may need later.

Medical timing matters too. According to the Brain Trauma Foundation guidelines, a traumatic brain injury can range from mild to catastrophic and may cause coma, death, serious morbidity, and substantial medical utilization. Early scans, test results, and notes become part of the record that shows what happened.

Spinal cord injuries can cause paralysis. MedlinePlus paralysis overview describes paralysis as a loss of muscle function that can result from spinal cord injuries or a broken neck.

A child’s injury can also take time to show its full course. Doctors may not know early what care a child will need later. That uncertainty makes a claim’s value harder to judge early on, which is one reason to act before the facts fade.

Families dealing with a head injury should ask about early imaging and testing records from the start.

What Families Often Ask About Filing Timing

Families don’t have to wait until 18 to start. Early steps can help keep evidence and records in place.

Can a family recover medical bills it paid for the child?

Catastrophic Injuries in Children: Where to Learn More

For a full look at catastrophic injuries in Georgia, read our pillar guide on that topic. It covers spinal cord injury, paralysis, traumatic brain injury, amputation, and severe burns, along with the claims that can follow them.

Families whose child rode as a passenger, or was struck, in a motorcycle crash can also read our motorcycle helmet and head injury guide. Families in metro Atlanta can find local context on our Atlanta catastrophic injury page.

Next Steps for a Family Facing These Deadlines

A family facing these deadlines should track three separate clocks. The child’s own claim generally pauses until 18, then runs two years.

Start by writing down the date of the injury, the names of any government bodies involved, and the date the child turned or will turn 18.

If your child was seriously hurt and you’re unsure which deadline applies, our team can review the facts with you. The first consultation is free, confidential, and carries no obligation to continue. You can reach us through our contact page.

Disclaimer: This page is general information, not legal advice. Peter F. Jaraysi is the responsible lawyer for this page at Slam Dunk Attorney in Duluth, Georgia. Firm contact details are on the contact page.