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After a personal injury demand letter is sent in Georgia, the insurance company reviews the evidence and decides whether to accept, make a counteroffer, ask for more information, or dispute the claim. Your lawyer handles the response and explains your options. Sending a demand does not guarantee a settlement or mean a lawsuit has been filed.
A demand package explains what happened, how you were injured, and the compensation you are seeking. Depending on the case, it may include:
The goal is to give the insurer the evidence it needs to evaluate and support your claim.
The deadline depends on the demand and the law that applies to the particular case. Certain motor vehicle settlement demands in Georgia must allow at least 30 days for acceptance and at least 40 days for payment.
These deadlines matter. If an insurer misses a valid time-limited demand, it may lose the opportunity to settle on those terms. An unreasonable failure to settle within policy limits can also expose the insurer to liability beyond those limits, depending on the circumstances. However, missing a deadline does not automatically establish that liability.
Your attorney tracks the deadlines, reviews the insurer’s response, and determines whether it properly accepted the demand or whether further action is needed. Negotiations may continue afterward, but the insurer cannot assume the original offer remains available.
The insurer has a few options after receiving the demand for payment:
For example, the adjuster may question whether treatment was related to the accident or whether a prior condition explains some of your symptoms. Your attorney reviews those arguments and responds with supporting evidence.
An offer from the insurance company may be lower than the amount demanded. Your will lawyer review the offer, explain the strengths and risks of your case, and discuss whether to make a counteroffer and for how much.
You decide whether to accept a settlement. Before agreeing, you should understand the release terms, any future medical needs, and how attorney fees, case expenses, and medical obligations will affect the amount you receive.
Do not assume you can reopen the claim if your condition worsens. A settlement resolves the claims covered by the agreement against the parties being released.
Your attorney may provide additional evidence, continue negotiations, or recommend filing a lawsuit. That decision depends on the evidence, available coverage, filing deadlines, and the risks and costs of litigation.
Filing suit does not automatically mean a jury trial. Settlement discussions continue after a lawsuit is filed and most cases are resolved prior to trial.
Your attorney reviews the release and coordinates the settlement payment. Funds are deposited into the firm’s trust account, and attorney fees, case expenses, and valid liens or repayment obligations are accounted for.
You receive a settlement statement showing the deductions and your net proceeds. Payment is not necessarily immediate. Funds must be available for disbursement, and unresolved medical obligations may require additional work. If an obligation is disputed, part of the funds may need to remain in trust while the undisputed portion is distributed.
For more about how medical bills are handled before and after settlement, see Who Pays Medical Bills During a Personal Injury Case in Georgia?
A Georgia personal injury lawyer gathers the evidence, prepares the demand, handles communications with the adjuster, and explains the offers you receive.
At Brodie Law Group, we help you understand where negotiations stand, what may affect your recovery, and whether filing suit makes sense. The goal is to give you the information you need to decide how to move forward.
Contact Brodie Law Group for a free injury case review. There are no attorney’s fees unless we recover compensation for you.
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