In the past, Georgia law was quite strict when it came to allowing a parent to settle a claim on behalf of their child. If the “gross settlement” of the minor’s claim was over $15,000, the parent had to become the conservator of the child, with approval from the probate court. Now, as of May 2, 2022, House Bill 620 has made this process easier.
The bill eliminates the need for court approval for minor settlements below $25,000. It also further defines “gross settlement” and “net settlement,” so it is clear when a conservator is required. The amendment breaks down as follows:
Gross settlements under $25,000 do not require a conservator. No approval from the court is required.
Gross settlements over $25,000 with net settlements under $25,000 do not require a conservator. However, probate court approval is necessary “if no legal action has been initiation” or “the court in which the legal action is pending if legal action has been initiated.”
Gross settlements over $25,000 with net settlements over $25,000 do require a conservator and probate court approval “if no legal action has been initiation” or “the court in which the legal action is pending if legal action has been initiated.”
Even though settling a minor’s case is now a bit easier thanks to this amendment, minor settlements can still be complex to navigate without legal counsel. That’s where Jones & Swanson comes in.
IF YOUR CHILD WAS INJURED AS A RESULT OF A CAR ACCIDENT, TRUCK WRECK, MOTORCYCLE CRASH, SLIP/TRIP AND FALL, OR DOG ATTACK, PLEASE DO NOT HESITATE TO CALL OUR EXPERIENCED PERSONAL INJURY ATTORNEYS. THEY KNOW HOW TO HELP.
Categories: Georgia Laws
