If you were hurt because of someone else’s carelessness, you probably want to know one thing: how does the money actually get to you? In most Georgia personal injury cases, you are paid by the at-fault party’s insurance company, usually through a negotiated settlement. The insurer sends a single settlement check to your lawyer’s trust account, medical liens and case costs are paid from it, and the rest is paid to you.
Getting to that point takes a few steps: proving who was at fault, documenting your losses, negotiating or filing suit, and then closing out the settlement. Here is how the process works in Georgia, from the claim to your check.
Key Takeaways
- Most injury claims are paid by insurance, usually the at-fault party’s liability coverage, and sometimes your own uninsured/underinsured motorist coverage.
- To get paid, you generally must show the other party was negligent and that their negligence caused your injuries.
- Most cases resolve with a settlement paid as a lump sum. Structured settlements that pay over time are also possible.
- Before you receive your share, the settlement pays attorney fees, case costs and valid medical liens, and you should receive a written breakdown.
- Most Georgia injury claims must be filed within two years (O.C.G.A. § 9-3-33).
Who Actually Pays a Personal Injury Claim?
In most cases, the person who caused your injury does not pay out of pocket. Their insurance does. Common sources of payment include:
- Auto liability insurance after a car, truck or motorcycle crash. Georgia’s minimum limits are $25,000 per person and $50,000 per crash for bodily injury.
- Your own uninsured/underinsured motorist (UM) coverage when the at-fault driver has no insurance or not enough. See our guide to Georgia UM coverage.
- Business or homeowner’s liability insurance after a fall or other injury on someone’s property.
- Medical payments coverage on your own auto policy, which can help with medical bills regardless of fault.
- Commercial policies for trucking companies, delivery fleets and rideshare drivers, which often carry higher limits.
When insurance limits are too low to cover serious injuries, finding every available policy becomes one of the most important parts of the case.
Step 1: Prove the Other Party Was Negligent
To get paid, you generally must show that the other party failed to act with reasonable care and that this failure caused your injuries. Negligence can take many forms:
- A driver texting behind the wheel or running a red light
- A store or property owner ignoring a known hazard
- A dog owner failing to control a dangerous dog
- A medical provider making an error that falls below the accepted standard of care
Evidence such as police reports, photos, video, witness statements, medical records and expert opinions helps prove what happened. Georgia also uses modified comparative fault (O.C.G.A. § 51-12-33). If you were partly at fault, your recovery is reduced by your share, and you cannot recover if you were 50% or more at fault.
Step 2: Document Your Damages
The amount you can be paid depends on your losses. In Georgia, those can include:
- Medical expenses, past and future
- Lost wages and reduced ability to earn
- Pain and suffering, including physical pain, emotional distress and lost enjoyment of life
- Property damage, such as vehicle repairs
Keep every bill, receipt, pay stub and treatment record. Georgia’s 2025 tort reform law, SB 68, changed how medical expenses may be proven for claims arising on or after April 21, 2025. Under O.C.G.A. § 51-12-1.1, a jury may hear both what providers charged and what was needed to satisfy those charges under health insurance, so complete, accurate billing records may matter more than ever. Our guides on car accident case value and pain and suffering explain how these damages are evaluated.
Step 3: Negotiate a Settlement or File Suit
Once you have finished treatment, or your doctors can predict your future care, your lawyer typically sends the insurer a demand with your records and bills. The insurer may accept, reject or counter. Adjusters may start with a low offer, so it helps to know what your claim is worth before you respond. Learn more about common insurance lowball tactics.
In motor vehicle injury claims, Georgia’s time-limited demand statute, O.C.G.A. § 9-11-67.1, sets specific requirements for certain pre-suit settlement offers, including at least 30 days to accept and at least 40 days to pay after acceptance.
If the insurer won’t pay a fair amount, the next step is filing a lawsuit. Most cases still settle before trial, but filing preserves your rights. Most Georgia injury lawsuits must be filed within two years of the injury.
Step 4: from Settlement to Your Check
When you agree to settle, the process usually looks like this:
- You sign a release. This ends your claim against the parties released, so read it carefully.
- The insurer issues payment. The check is typically made payable to you and your lawyer and deposited into the lawyer’s trust account.
- Liens and bills are resolved. Georgia law gives hospitals, nursing homes, physician practices and some other providers a lien on your claim for reasonable charges (O.C.G.A. § 44-14-470). Health plans, Medicare and Medicaid may also have reimbursement rights. These often can be negotiated.
- Fees and costs are deducted. The attorney fee and case expenses are paid under your written fee agreement.
- You receive a settlement statement and your share. You should get a written breakdown showing the total, each deduction and the amount paid to you.
Lump Sum vs. Structured Settlement
| Payment type | How it works | When it may fit |
|---|---|---|
| Lump sum | One payment after liens, fees and costs are paid | Most car accident and injury claims |
| Structured settlement | Some or all of the money is paid over time, often through an annuity | Large settlements, future care needs, or settlements for minors |
How Attorney Fees Work
Most personal injury lawyers work on a contingency fee. That means you pay no attorney fee up front, and the fee is a percentage of what is recovered. If there is no recovery, there is no attorney fee. In Georgia, a contingency fee agreement must be in writing, and it should explain the percentage and how case expenses are handled.
When choosing a lawyer, ask how the fee is calculated, who pays case costs, how often you’ll get updates and who will handle your case day to day. You can also read about attorney Harrell Gunn.
Frequently Asked Questions
How Long Does It Take to Get Paid After a Personal Injury Settlement?
After you sign the release, the insurer usually issues payment within a few weeks, and your lawyer then resolves liens before paying you. Liens from health plans or government programs can take longer to finalize. Your lawyer should keep you updated on what is still pending.
Do I Have to Pay Taxes on a Personal Injury Settlement?
Under federal tax law, money received for physical injuries or physical sickness is generally not taxable income, but some parts of a settlement, such as interest or punitive damages, may be. Tax rules depend on your situation, so check with a tax professional.
What If the At-Fault Party Has No Insurance?
You may be able to use your own uninsured motorist coverage after a crash. Georgia policies include UM coverage unless it was rejected in writing. In non-auto cases, other responsible parties or their insurers may be available.
Can I Get Paid Before My Case Settles?
The at-fault party’s insurer generally doesn’t pay injury damages until the claim is resolved. In the meantime, your health insurance, medical payments coverage or disability benefits may help with bills and lost income.
If you’ve been hurt and want to understand how your claim could be paid, the Gunn Law Group offers a free, no-obligation consultation, and you pay no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866). Hablamos español.
