Key facts
- An insurer paying $5,000 or more on a third-party claim to the claimant’s attorney must notify the claimant in writing (O.C.G.A. § 33-24-41.2).
- A parent may settle a child’s claim of $25,000 or less gross without court approval or a conservator (O.C.G.A. § 29-3-3).
- A child’s settlement over $25,000 gross needs court approval, and a conservator if the net also exceeds $25,000 (O.C.G.A. § 29-3-3).
- A general release of the at-fault driver discharges a UM claim unless the claimant signs a statutory limited release (O.C.G.A. § 33-24-41.1).
Who We Help
Flack Injury Law represents people in Georgia who were hurt in a crash someone else caused, including car, truck, rideshare, delivery vehicle, medical transport van, motorcycle, bicycle and pedestrian crashes, and families after a fatal crash.
We do not defend people who are being sued, and we do not handle property-damage-only, slip and fall or workplace claims. If no one was hurt and your dispute is with your own insurance company over damage to your car, that is not the kind of case we handle. If you were hurt and have an offer or release in front of you, get a free release review before you sign.
How Long After Signing a Release Do You Get Paid?
Most insurers issue the settlement check within two to four weeks of receiving the signed release. Getting the money into your hands takes longer, because liens and medical balances have to be resolved before anything is disbursed.
Here is the full sequence. If you have not signed yet and are still deciding, read our overview of releases in Georgia personal injury settlements first.
Step 1: The Release Goes Back to the Adjuster
Some releases require notarization, and if yours does, an unnotarized signature will bounce the document straight back and restart the clock. Read the signature block before you sign anything.
Keep a complete copy of the signed release for yourself. You will want to know exactly what you agreed to, and you should not have to ask the insurance company for it later.
One thing worth confirming before the document goes back: whether you signed a general release or a limited one. If underinsured motorist coverage is in play, that single distinction can be worth more than the settlement itself, and we break it down in general release vs. limited release in Georgia.
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Step 2: The Insurer Processes and Issues Payment
Once the fully executed release is in hand, the carrier issues the check. Two to four weeks is typical. Delays past that are usually administrative rather than sinister, but they are worth a follow-up.
Georgia also requires an insurer paying $5,000 or more to settle a third-party liability claim to send the claimant written notice at the same time it pays the claimant’s attorney or other representative, under O.C.G.A. § 33-24-41.2. That notice confirms the money actually went out. Note that the statute is narrow: if the insurer skips the notice, that failure does not create a claim you can bring, does not give anyone a defense, and does not affect the settlement itself.
The check often will not name you alone. Insurers commonly issue it jointly to you and your attorney, and sometimes add a medical provider or lienholder. That is normal, and it is why you cannot simply deposit it and be done.
Step 3: Funds Go Into Trust, Not Into Your Account
Your attorney deposits settlement proceeds into a trust account. Nothing goes out until your attorney identifies and resolves every claim against the settlement. Skipping this step exposes you to a provider chasing you months later for money you already spent.
Step 4: Liens and Medical Balances Get Resolved
This stage determines how long the process takes, and it is the stage nobody warns you about.
Hospital liens. Georgia hospitals can file a lien against your settlement for the reasonable charges of your care. Hospitals record these in the county, and someone must pay or negotiate them before you see a dollar. We covered how they work in detail in our guide to hospital liens in Georgia personal injury settlements.
Health insurance reimbursement. If your health plan paid accident-related bills, it may assert a right to repayment from the settlement. Georgia law limits this in some circumstances, but self-funded employer plans governed by federal ERISA rules often operate under different standards.
Medicare and Medicaid. Federal law requires you to reimburse these programs, and the conditional payment process runs on a timeline nobody can rush.
Outstanding provider balances. Chiropractors, imaging centers, orthopedic groups, and physical therapy practices frequently hold unpaid balances or letters of protection.
Many of these amounts are negotiable, and negotiating them well is one of the most direct ways to increase what you actually take home. A settlement that looks smaller on paper can net you more than a larger one where nobody fought the liens. This is also why the types of damages available in a Georgia personal injury case matter at settlement time and not just at trial.
Step 5: Disbursement
You receive a written settlement statement showing the gross settlement, attorney fees, case expenses, each lien or medical payoff, and your net amount. Read it line by line. Ask about anything that is not clear.
Realistic total timeline: three to eight weeks in a clean case with few providers. Longer where Medicare, Medicaid, or an ERISA plan is involved. For context on how long the stages before this one take, see how long it typically takes to settle a personal injury claim in Georgia.
Can You Undo a Release After Signing It?
Can a signed release be canceled?
Rarely. A release is a binding contract in Georgia, and courts set them aside only on narrow grounds such as fraud, duress, mutual mistake, or lack of capacity.
Here is the part people find hardest to accept: discovering that your injury is worse than you thought is generally not a basis to reopen a settlement. That risk is precisely what the insurer purchased when it paid you.
If your neck pain becomes a herniated disc requiring surgery six months after you sign, you absorb the cost. The release already accounted for that possibility, in the insurer’s favor. This is also why you need to document pre-existing conditions properly before you settle rather than after.
The Mistakes That Cost People the Most
Signing before reaching maximum medical improvement. Until your treating physician can say where you have plateaued, nobody can value the claim accurately. An early offer is early precisely because the insurer expects the number to look worse later.
Signing a general release when UM coverage exists. This one is severe and permanent. A general release discharges your underinsured motorist claim as a matter of law, and Georgia requires a specific statutory limited release to avoid it. We break this down in general release vs. limited release in Georgia, and you can check what coverage you may have in our guide to uninsured motorist coverage in Georgia.
Depositing the check before liens are handled. Providers and health plans do not go away because the settlement closed. Spending money that is owed elsewhere creates a problem that outlasts the case.
Not keeping a copy. You signed a contract. Keep it.
Frequently Asked Questions
Most carriers issue payment within two to four weeks. Georgia requires written notice to the claimant when a third-party liability settlement of $5,000 or more is paid to the claimant’s attorney or representative, under O.C.G.A. § 33-24-41.2, though that statute creates no private remedy if the notice is missed.
Insurers commonly issue joint checks naming the claimant, the attorney, and sometimes a lienholder, to ensure everyone with a claim to the funds is accounted for.
The release almost certainly bars a further claim. This is the central reason to wait until your medical picture is stable before settling.
No. Under O.C.G.A. § 29-3-3, as amended in 2022, a gross settlement of $25,000 or less can be compromised by a parent without court approval or a conservator. Above $25,000 gross, court approval is required, and where both the gross and net settlement exceed $25,000, a conservator must also be appointed. Note that many published guides still cite the older $15,000 threshold.
¿Prefiere leer en español? Lea nuestra guía sobre firmar el release de la aseguranza en Georgia.
Questions About a Settlement in Progress?
At Flack Injury Law, you work directly with Jonathan Flack from your first consultation through disbursement. If you have signed a release and are waiting, or you are holding one and unsure about it, we are glad to talk it through. We handle personal injury claims throughout Georgia.
Call (678) 653-0309 or request a free consultation.

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Related Guides
- Atlanta Personal Injury Attorney
- Atlanta Car Accident Attorney
- Can a Hospital Put a Lien on My Personal Injury Settlement in Georgia?
- Do Medicare and Medicaid Get Paid From My Georgia Injury Settlement?
- Georgia Tort Reform SB 68: What Changed for People Hurt in Car and Truck Crashes
See all our guides for people hurt in Georgia crashes.
This article is general information about Georgia law, not legal advice for any specific situation. Laws change and outcomes depend on facts particular to each case. Reading this page or contacting Flack Injury Law through this website does not create an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established.

