What Is a Letter of Protection in Georgia?
Short answer: A letter of protection is an agreement that lets you get medical treatment after an accident now, with the provider paid later from your settlement or verdict. For Georgia claims arising on or after April 21, 2025, the letter and details about the bills are relevant and discoverable.
Definition
The letter is usually sent by your lawyer to a doctor or clinic and promises payment out of any recovery. People use one when they have no health insurance, face a high deductible, or need a provider their insurance will not cover. It is a payment arrangement, not a loan.
How it works in Georgia
- It is a contract. Its terms decide what happens if the case recovers little or nothing, and many leave you responsible for the full bill.
- 2025 SB 68 changed the rules. New O.C.G.A. § 51-12-1.1 makes these items relevant and discoverable for any letter of protection or similar arrangement: the letter; itemized, coded charges; the buyer and price if the provider sold your account for less than the invoice; and who, if anyone, referred you for treatment.
- Reasonable value, not just the bill. The same law limits medical damages to the reasonable value of necessary care, as decided by the jury. If you have health insurance, the evidence may include what it would pay, even if you did not use it (O.C.G.A. § 51-12-1.1(b), (c)).
- Timing. These rules apply to causes of action arising on or after April 21, 2025. For older claims, courts had already allowed some of this evidence to show a treating doctor’s possible bias (ML Healthcare Services, LLC v. Publix Super Markets, Inc., 11th Cir. 2018).
Example
You are uninsured when the rideshare car you are riding in is hit in Midtown Atlanta in mid-2025. A spine clinic treats you under a letter of protection, bills $38,000, then sells your account to a funding company for $14,000. The defense can ask for the letter, the coded bill, the sale price and who referred you. The jury still decides the reasonable value of your care.
Why it matters for your claim
- It can get you needed care when insurance will not.
- For newer claims, the defense can use the letter and funding details to argue your bills are too high.
Read more: Managing medical bills after a car accident and Who pays your medical bills while your Georgia injury case is pending?
Related terms
Frequently Asked Questions
Do I still owe the bill if I lose my case?
Usually yes, but it depends on the wording of the letter, so read it carefully before you sign.
Will the jury see my letter of protection?
For claims arising on or after April 21, 2025, it is relevant and discoverable. Whether it is shown at trial is up to the judge.
Is a letter of protection the same as a hospital lien?
No. A hospital lien is a claim a provider files under O.C.G.A. § 44-14-470. A letter of protection is a private agreement.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we recover for you.
This is general information about Georgia law, not legal advice for your situation.
