The claim process

From first call to your check

What usually happens in a Georgia car accident injury claim, and how long each stage tends to take. Every case is different.

Detail level
  1. Day 0

    Crash and safety

    Call 911, get checked, exchange information, take photos.

    Your health comes first. Calling 911 brings police and EMS and creates an official crash report. Exchange names, phone numbers, plates, and insurance with the other driver, and photograph the vehicles, the scene, and your injuries. Don't argue about fault or apologize. Stick to the facts.

    You: Get the officer's agency and the report number.
  2. Days 0–3

    Medical care

    See a doctor within 72 hours, even if you feel fine.

    Adrenaline masks pain. Whiplash, concussions, and back injuries often show up a day or two later. Getting to the ER, urgent care, or your doctor quickly protects your health and creates the first record linking your injuries to the crash.

    You: Tell every provider exactly how you were hurt.
  3. Week 1

    First call and free consultation

    An attorney reviews your facts and explains your options, usually at no cost.

    On the first call, an intake team asks about the crash, your injuries, and insurance. If the firm takes your case, you sign a contingency agreement. The fee is a percentage of any recovery, and the agreement spells out in writing how case costs are handled. The firm then notifies the insurers, so adjusters call your lawyer instead of you.

    You: Read the fee agreement and ask questions before signing.
  4. Weeks 1–4

    Investigation and insurance

    The police report, photos, witnesses, and every available policy are gathered.

    Your team collects the police report, photos, video, and witness statements, and identifies every policy that may apply: the at-fault driver's liability coverage, your uninsured motorist (UM) coverage, UM on policies of relatives you live with, and MedPay. Your own insurer is put on notice of a possible UM claim.

    You: Send your declarations page and any letters from insurers.
  5. Months

    Treatment and recovery

    Follow your treatment plan, without gaps, until your doctor releases you.

    Keep every appointment and follow referrals. Weeks without care are what insurers point to when they cut offers. Most claims wait until you reach maximum medical improvement (MMI), when your doctors know your long-term outlook, so future care and costs can be counted.

    You: Keep a simple pain journal and save every bill and receipt.
  6. After treatment

    Demand package

    Records, bills, and lost wages go to the insurer with a settlement demand.

    Your attorney compiles medical records and bills, proof of lost income, photos, and a summary of how the injuries affect your life, then sends a formal demand to the insurer. In Georgia, pre-suit demands are often time-limited and must meet specific legal requirements.

    You: Share how the injury changed work, sleep, family, and hobbies.
  7. Weeks to months

    Negotiation

    Offers and counteroffers. You decide whether to accept.

    The adjuster responds, usually with a low first offer. Your attorney negotiates, but the decision to settle is always yours. If the at-fault driver's limits are too low, your UM claim comes into play.

    You: Ask what each offer would mean for your net amount.
  8. If needed · months to years

    Lawsuit

    If talks stall, a lawsuit is filed. Most cases still settle before trial.

    Filing suit starts discovery: written questions, document exchange, and depositions. Mediation is common. Since Georgia's 2025 tort reform (SB 68), juries may hear about seat belt use and what was actually paid for medical care, which can shape strategy. Most cases resolve before a verdict.

    You: Keep treating, stay off social media about the crash, and prepare for a deposition with your lawyer.
  9. Settlement day

    Settlement and release

    You sign a release, and the insurer issues payment.

    When you accept, you sign a release that ends the claim against the at-fault party. It can't be reopened later, which is why waiting until you reach MMI matters. The insurer then sends the settlement funds, usually to your attorney.

    You: Read the release carefully before signing.
  10. Weeks after

    Disbursement: your check

    Funds clear the trust account, liens and fees are paid, and you get your net check.

    Settlement money is deposited in the firm's trust account and must clear. Medical liens and balances (health insurer, hospital, Medicare, or Medicaid) are resolved and are often negotiated down. Attorney fees and case costs are deducted as your agreement states. You review and sign a settlement statement that accounts for every dollar, then receive your net amount. Resolving liens can add time.

    You: Review the settlement statement line by line and ask about anything unclear.
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General information about a typical Georgia injury claim, not legal advice. Timelines vary widely. Reviewed by [ATTORNEY NAME] on [DATE].