Do Minors Pay a Lower Attorney Fee in Georgia?

By the FigureMyTax Editorial Team · How we calculate

We found no Georgia statute that caps injury contingency fees or sets a lower rate for a child. The fee is included in the gross settlement and subtracted to get the net settlement that decides whether a conservator is required.

What we looked for

We searched the provisions on minors' settlements, liens and limitation periods and found no percentage cap and no separate fee rule for a minor. The fee comes from your written agreement.

How fees enter the tests

The gross settlement includes expenses of litigation and attorney fees, so fees count toward the $25,000 gross line. The net settlement is the gross reduced by attorney fees, expenses and enforceable liens (O.C.G.A. 29-3-3(a)), so a higher fee lowers the net.

A worked example

On a $60,000 settlement with a one-third fee ($20,000), $2,500 in costs and $8,000 in liens, the net is $29,500, over $25,000, so a conservator is required. At a 40% fee ($24,000) the net is $25,500, still over. If $5,000 in present value is deferred until the child turns 18 or placed in a court-approved trust, the net falls below $25,000 and no conservator is required. The Georgia minor's settlement calculator shows which tier applies.

Court review

When a court approves the settlement it does so on the child's best interest, and it may hold a hearing on compliance, though no hearing is required if compliance is evident from the record (29-3-3(d) and (f)). Ask your lawyer what fee information the court will see.

Other amounts that come out

Medical bills and liens also reduce the child's share. See what a lien can take from a settlement and how deferral and trusts work.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Georgia's rules apply to your specific case with a licensed Georgia attorney.