How do You Settle a Personal Injury Claim with an Insurance Company in Georgia?

Free Case Review
100% Secure & Confidential

Results

$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

Georgia law creates a mechanism to settle personal injury claims arising from a motor vehicle accident prior to the filing of a lawsuit. Under this law, a settlement offer made by one party to the other must contain the following terms:

  • a time period to accept the offer, which may not be less than 30 days after it is received by the other party;
  • the amount of money to be paid;
  • the party or parties who will be released if the offer is accepted;
  • the type of release; and
  • which specific claims will be released.

Once an offer is made that complies with these requirements, the other party may accept–thereby forming a legally binding settlement agreement–by sending a “written acceptance of the material terms” to the offering party. The receiving party may ask for “reasonable clarification” of the offer’s terms without actually making a counteroffer.

Duenas v. Cook

Despite the clear requirements of Georgia’s pre-lawsuit settlement law, there are still cases in which there is disagreement between the parties as to whether an offer was validly accepted. The Georgia Court of Appeals recently ruled on such a dispute. This particular case involves a 2016 accident involving a truck and a bicyclist. The bicyclist sustained injuries in the collision. His personal injury attorney subsequently sent the truck driver’s insurance company a “time-limited settlement offer” that substantially complied with Georgia law. Specifically, the material terms were as follows:

  • The insurance company had to accept the offer within 35 days of receiving it.
  • The insurance company agreed to pay the bicyclist $100,000, which was the limit of the truck driver’s policy.
  • The bicyclist agreed to release the truck driver.
  • The release would be a “Limited Liability Release,” which preserved the bicyclist’s right to seek compensation under any other applicable insurance coverage.
  • The limited release would cover “all personal injury/bodily injury” claims arising from the accident.

The insurance company received the offer on October 31, 2016. The next day, a claims adjuster contacted the bicyclist attorney’s office. The adjuster verbally indicated the insurer “would accept the settlement demand” and pay the $100,000. After some additional email exchanges, the insurer sent a check and a draft release for the bicyclist to sign. The attorney objected to the release, however, as its terms differed from those proposed in the settlement offer.

The attorney subsequently notified the insurance company that “you have never even accepted my client’s offer of compromise,” but extended the deadline for the insurer to “unequivocally” accept. The insurer replied that the release it sent was “our standard documents” and that if the attorney wished to submit “another release that [you] would like is to review, please feel free to send it over and we will have our legal department review it for approval.”

Eventually, the bicyclist abandoned the settlement talks and sued the truck driver. The driver moved to enforce what he claimed was a binding settlement agreement. Although the trial court granted the motion, the Court of Appeals reversed, explaining that the insurer “did not unequivocally accept the material term in the Settlement Offer,” as its submission of a different release form did, in fact, constitute a counteroffer.

Learn More In Our Recent Blog Posts

Georgia Sees String of Recent Dog Attacks

Georgia has seen a worrying string of dog attacks in recent weeks. Some of these dog attacks have left seniors ...
Learn More

Deadly Motorcycle Accident Reported in Cobb County

In June of 2025, Fox 5 Atlanta reported a fatal motorcycle accident in Cobb County. The crash was so severe ...
Learn More

Hit-and-Run Driver Found in Cobb County After Two Crashes in Ten Minutes

When police track down hit-and-run drivers, most people celebrate this as a victory. However, these negligent drivers are often caught ...
Learn More

USPS Says 6,000 Workers Were Savagely Mauled by Vicious Dogs in 2024

Although dangerous dogs in Cobb County threaten virtually everyone, postal workers are particularly at risk. This was highlighted after the ...
Learn More

Multiple Cars Crash Into Georgia Homes and Buildings

Within the space of a single week in June of 2025, multiple cars crashed into homes and buildings in Georgia. ...
Learn More

Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
Free Case Review
100% Secure & Confidential
Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

Call (770) 758-1664
Available 24/7

Free Case Review

"*" indicates required fields