When a Georgia personal injury case settles, the money usually does not go straight from the insurance company to you. Several closing steps come first: the release is signed, the insurer issues payment, the funds clear the law firm’s trust account, and fees, case expenses, medical balances, liens, or reimbursement claims are addressed. Only then are your net proceeds paid to you.
The exact order and timing depend on the case. Either way, you should receive a clear explanation of what has happened, what is still pending, and how your final number is calculated.
Key Takeaways
- A settlement is not final until the release is signed and the insurer’s payment has cleared the firm’s trust account.
- Georgia’s professional conduct rules require lawyers to keep client funds separate from the firm’s own money.
- Attorney fees, case expenses, and valid liens or reimbursement claims are paid from the gross settlement before you receive the net amount.
- You should receive an itemized settlement statement showing every deduction before any money is disbursed.
- Cases involving Medicare, Medicaid, hospital liens, minors, or estates usually take longer to close.
Step 1: You Sign the Settlement Release
The written release describes the claim being resolved and the rights you give up in exchange for payment. It may also include terms about confidentiality, indemnity, liens, payment timing, or dismissal of a lawsuit. Read the complete release with your lawyer before signing.
Ask which parties and claims the release covers. A release for one defendant or one insurance policy may not be the same as a release resolving the entire matter. When a minor, an estate, multiple claimants, or a structured payment is involved, court approval or additional documents may be required.
Step 2: the Insurer Issues Payment
After the settlement documents are completed, the insurance company or defendant issues payment under the agreed terms. If a lawyer represents you, the check may name both you and the law firm as payees, or the funds may be wired according to approved instructions.
Georgia Rule of Professional Conduct 1.15 requires lawyers to hold client money in a trust account, separate from the firm’s business and personal funds. The settlement funds must clear before the law firm treats them as available for disbursement.
Step 3: Attorney Fees and Case Expenses Are Deducted
The contingency fee is calculated under your written representation agreement. Approved case expenses may also be reimbursed from the settlement. Those can include medical records, filing fees, deposition costs, expert fees, exhibits, investigation, or other items authorized by the agreement.
If any line item is unclear, ask for an explanation before you approve the settlement statement. You are entitled to understand every number.
Step 4: Medical Bills, Liens, and Reimbursement Claims Are Resolved
Medical providers, health plans, government benefit programs, or other entities may claim a right to be paid from your recovery. Whether a claim is valid, how much it is, and whether it can be negotiated depend on its source and the facts.
- Hospital and provider liens. Georgia’s lien statute, O.C.G.A. § 44-14-470, lets hospitals, nursing homes, physician practices, chiropractic practices, and traumatic burn care providers claim a lien for reasonable charges. The lien attaches to your cause of action, not to your other property.
- Health plan reimbursement. Private health insurers, employer plans, Medicare, and Medicaid each follow different rules, and the process for one does not apply to the others.
- Unpaid provider balances. A routine unpaid bill is not the same as a lien, but it still has to be accounted for.
For injuries on or after April 21, 2025, Georgia’s tort reform law (SB 68) may also affect how medical expenses and letters of protection are handled in the case itself (O.C.G.A. § 51-12-1.1). That is one more reason to confirm final balances before closing.
Georgia’s professional conduct rules also say a lawyer may not disregard a known third-party interest based on a statutory lien, a final judgment, or a written payment guarantee, and that disputed funds must be kept separate until the dispute is resolved. In practice, a disputed amount may stay in trust while undisputed money is paid to you. Don’t assume every listed bill is a valid lien, and don’t assume an asserted claim can simply be ignored.
Step 5: You Review the Settlement Statement and Receive Your Net Proceeds
The settlement statement is the closing accounting. It should show the gross settlement, each amount paid or withheld, and the net amount to you. Review the payees, confirm any negotiated balances, and keep a copy with the release and closing documents.
After the statement is approved and the required items are resolved, the firm disburses your net proceeds by check, wire, or another approved method. For a child, an estate, a trust, a structured settlement, or a court-approved arrangement, payment may go to a restricted account, conservator, trustee, annuity company, or other authorized recipient instead of directly to an individual.
Why One Settlement Closes Faster Than Another
There is no universal number of days for every settlement. A case with no disputed liens and a simple release may close faster than one involving Medicare, Medicaid, a hospital lien, a minor, an estate, several injured people competing for limited insurance, a structured settlement, or a disagreement about release language. Bank clearance and insurer processing also affect timing.
Questions to Ask While Your Settlement Is Closing
- Has the final release been signed and accepted?
- Has the insurer issued payment, and have the funds cleared the trust account?
- Which medical bills, liens, or reimbursement claims are still open?
- Which fees and case expenses will appear on the settlement statement?
- Is any amount being held in trust, and what has to happen before it is released?
- When will I review the final statement and receive my net proceeds?
If you are still deciding whether an offer is fair, our guides on what a Georgia car accident claim may be worth and common insurance lowball tactics can help you ask the right questions before you sign.
Frequently Asked Questions
How Long Does It Take to Get a Settlement Check in Georgia?
It depends on the release, the insurer’s processing time, bank clearance, and whether any liens or reimbursement claims are still open. A simple case with no disputed liens can close faster than one involving Medicare, Medicaid, a minor, or an estate. Your lawyer should be able to tell you which of these steps is still pending.
Can My Lawyer Hold Part of My Settlement in Trust?
Yes, in some situations. When a third party has a valid claim to part of the money, such as a statutory lien, or when there is a dispute over an amount, the disputed portion may be kept in the trust account until it is resolved. The undisputed portion can often be paid to you sooner, depending on the circumstances.
Do I Have to Pay My Medical Bills Out of My Settlement?
Often, yes. Medical providers, health plans, and government programs may have liens or reimbursement rights against your recovery. Some claims can be reduced or challenged, so it is worth having every balance reviewed before closing. See our car accident page for more on how injury claims work in Georgia.
What Should My Settlement Statement Show?
It should list the gross settlement, the attorney fee, each case expense, each medical payment or lien, any amount held in trust, and the net amount paid to you. If a family member died, the process can involve an estate and additional approvals; our wrongful death page explains more.
If you have questions about a Georgia personal injury claim or how a settlement closes, talk with The Gunn Law Group. The consultation is free and there is no obligation, and there is no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866). Hablamos español.
