When a North Carolina personal injury claim settles, the funds do not go straight to the injured client. First, state law requires attorneys to address any valid liens that hospitals, doctors, Medicaid, Medicare, military programs, workers’ compensation carriers, or private health plans have against the recovery. Overlooking a lien can expose the client—and the lawyer—to lawsuits, interest, or even civil penalties. Below is a step-by-step roadmap that keeps you compliant with North Carolina’s lien statutes and ethical rules.
Start by building a master spreadsheet of all medical providers and insurers that paid or treated the client after the accident. Review intake forms, billing statements, client EOBs (explanations of benefits), and provider portals. Capture dates of service, account numbers, billing addresses, and total charges.
Under N.C. Gen. Stat. § 44-49, hospitals, doctors, and other providers gain an automatic lien on a third-party claim once they give the lawyer and liability insurer an itemized statement of charges. The lien amount is capped by § 44-50 at:
Confirm whether each provider perfected its lien by sending written, itemized charges before disbursement. If not perfected, the provider becomes an unsecured creditor you may negotiate down more aggressively.
Self-funded employee benefit plans governed by ERISA may demand full reimbursement—even when North Carolina's 50 percent lien cap would otherwise apply. Request the Summary Plan Description (SPD) to confirm language granting the plan a right to first-dollar recovery. Without clear language, North Carolina's made-whole doctrine may still help you negotiate a reduction.
Apply the § 44-50 formula: deduct attorney fees and case costs from the gross recovery, then allocate no more than half of the remainder to all perfected medical provider liens combined. If the sum of perfected liens exceeds the cap, prorate them. Notify providers in writing of their prorated share.
Armed with statutory caps and comparative-fault risks, request written reductions. Tactics include hardship letters, showing limited coverage, or citing the lien cap. Never rely on a phone promise—get every agreement on provider letterhead.
North Carolina Rule of Professional Conduct 1.15-2 requires a written, itemized disbursement sheet signed by the client. List:
Cut separate checks to each lien holder from the trust account. Mail them certified with a cover letter requesting a zero-balance confirmation or satisfaction of lien within 30 days.
Keep a digital and paper file of all lien letters, reductions, settlement statements, and canceled checks for at least six years—longer if Medicare or Medicaid is involved.
Ready to protect your settlement? Our North Carolina personal injury team has years of experience untangling hospital, Medicaid, Medicare, and ERISA liens. Call us today at 919-313-2737 for a free consultation and let’s safeguard every dollar you deserve.