How to Obtain Compensation When a Child Is Attacked by a Dog in Atlanta

Key Points:

• Georgia law allows parents to make a dog bite claim on behalf of their minor child.  However, settlements more than $25,000 require court approval. 
• Most child dog bite cases will typically settle out of court. Parents can accept settlements under $25,000 without a judge’s involvement. 
• Dog owners may be held liable even without a prior bite if there is evidence of aggressive behavior or safety violations. 

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The aftermath of your child being attacked or bitten by a dog is a terrifying and life-changing event. Not only are you concerned for their well-being and medical care, but the weeks that follow can also be overwhelming. You’re worried about infection, scarring, and whether your child will need surgery or other long-term care.  

Many parents are unsure what they can do next; the attack could have happened at a friend's house, a neighbor’s yard, or just during a daily walk. You might want to hesitate to make this into a legal matter, especially if you are friendly with the dog’s owner. But at the same time, medical bills are arriving, and concerns about your child's future feel very real.  

Luckily, Georgia law understands the difficult position you’re in. It also recognizes that a child can’t protect their own legal rights after suffering a serious injury. This is why the law allows an adult, usually a parent or legal guardian, to step in and act on the child’s behalf. If this has happened to your family, it’s important to understand how best to proceed to protect your child's recovery and future.  

What Parents Should Do Immediately After Their Child Is Attacked By a Dog in Georgia 

If your child was bitten by a dog, you should do the following as soon as possible: 

• Seek medical care immediately for the child, even if the injuries seem minor. Head to an ER for an evaluation and keep track of all documentation.  
• Photograph any injuries, even as they heal. 
• Report the incident to the local animal control. 
• Avoid speaking with insurance companies without legal advice from a personal injury attorney. 

An Atlanta dog bite attorney can help determine responsibility, preserve evidence, and guide you through the process, as there are certain safeguards put in place to protect children and their settlements. 

Legal Options for Parents After a Child’s Dog Bite in Georgia 

If your child was attacked by a dog in Georgia, you won’t need court permission to take action. Parents are automatically recognized as legal representatives for their children, and can file a claim on their behalf. The law also acknowledges that parents might not always be available to help protect their child’s rights. In these situations, another responsible adult can step in.  

Children are also given extra time under the law, since the standard deadline to file a lawsuit will not actually start until they turn 18. Many dog bite cases involving children do usually resolve without court involvement, especially when the settlement is $25,000 or less. These rules help reduce barriers for families during an already stressful time.  

Hypothetical Example: A Dog Attack in Marietta, Georgia  

Marcus, 6 years old, was over a friend's house after school when the family dog approached him quickly, knocking him to the ground and biting his arm and face. Marcus was then rushed to the local ER where he needed stitches and treatment for puncture wounds. Doctors told his mother, Denise, that severe scarring is likely and that he might need plastic surgery. Denise felt overwhelmed, both for her child’s well-being, and not knowing her options to recoup funds for these surgeries.  

After speaking with a dog bite attorney, she learned that since she is her child’s natural guardian, she can file a claim on Marcus’s behalf without asking a judge for permission. The attorney also explained that Georgia’s dog bite law (O.C.G.A. § 51-2-7) allows dog owners to be held responsible if they know their dog has had aggressive tendencies in the past. In Marcus’s case, the dog had been reported to animal control many times, which helped establish liability.  

Denise filed the lawsuit as Marcus’s parent and natural guardian. The dog owner’s homeowner’s insurance company then became involved. After a few months of back and forth, the case settled for $24,500. Since the settlement was under $25,000, Denise didn't need court approval to accept the offer.   

Who Can File a Dog Bite Claim for a Child in Georgia? 

When a child is injured by a dog, the law requires an adult to act on the minor child’s behalf. There are several options that can apply depending on the situation:  

• Parents as natural guardians: In most cases, the parent will file the claim. A parent can hire an attorney or file the lawsuit on their own, make decisions as the case progresses, and resolve the claim if settlement is reached. Parents can also accept and manage funds without court requirements if the settlement is $25,000 or less, as long as the money is used for the child’s benefit. 
• Guardian ad litem appointments: During the process of approving a settlement in excess of $25,000 and court might appoint a guardian ad litem to protect a child’s best interests. A guardian ad litem will typically review the case and make a recommendation to the Court whether to approve the settlement. 
• Conservators for larger settlements: In the event of a case that settles for more than $25,000, the court may require a conservator to settle the case and manage the child’s settlement funds. The role is limited to financial oversight.  The conservator can sometimes be the parent or legal guardian, or another trusted advisor.  

How Long Will I Have to File the Claim on Behalf of the Child? 

Georgia usually requires personal injury lawsuits to be filled in two years. For children, the law provides additional time. Since the statute of limitations does not begin until a child turns 18, they would have until their 20th birthday to take legal action.   

An important caveat is that past medical bills and future bills through age 18 for an injured minor are the responsibility of a parent, and a claim to recover medical bills must be filed within two years of the time of the injury, or the claim to recover medical bills may be forfeited.   

This being said, waiting until a child is older is not always the best route. Over time, the evidence can be lost, memories of the accident fade, and insurance coverage or property ownership might change. Many families choose to explore their legal options sooner rather than later, even though the law gives them more time. 

Settling a Child’s Dog Bite Case in Georgia

If the settlement is $25,000 or less, parents can accept it without court approval. Any larger settlements will require court approval and might involve restricted accounts, structured payments or a conservator. 

Myths vs. Facts About Dog Bite Claims for Children  

Myth #1: I’ll need a judge’s permission to file a lawsuit for my child’s dog bite accident. 
Fact: This is untrue; parents can file immediately without court approval.  However, settling a dog bite claim for more than $25,000 does require court approval. 

Myth #2: My child had a dog attack them at a friend’s house, so we don’t have a case. 
Fact: Dog owners may still be liable when a child is lawfully on their property, even if this person is a friend.  However, the liability of the dog owner still depends on factors such as whether the dog had been aggressive in the past and whether the bite was provoked. 

Myth #3: The dog never bit anyone before, so there’s no claim and no reason to pursue it. 
Fact: A prior bite is not always required. Certain forms of aggressive behavior or leash law violations can make a difference in the case. 

Myth #4: We can wait until my child is older to deal with this case. 
Fact: Waiting can make a case harder to prove, even if the legal deadline is extended.  Moreover, parental claims for medical bills must be filed within two years of the bite or attack. 

Myth #5: The money received from the settlement can be used however the parent sees fit. 
Fact: The settlement funds belong to the child and must only be used for their benefit.

Protecting Your Child’s Rights After a Dog Bite in Georgia 

Georgia law provides parents and guardians with the clear authority to act when a child is bitten by a dog. Filing claims, knowing how long you have to take action, and how settlements are handled can feel overwhelming when you’re focusing on caring for your child post-attack.  

Working with an experienced Georgia dog bite law firm like The Millar Law Firm helps protect your child’s rights by ensuring all evidence is preserved, and that recovery is structured to support your child’s medical care and future needs. We’ve been helping families navigate through these very difficult times for over 30 years, and our experienced personal injury attorneys are here to guide you through. Call us today for a free consultation.