Short Answer

Yes. In North Carolina, you may recover the reasonable and necessary costs of past and future medical care and therapy if you prove another person’s negligence caused your injuries. You must show the treatment is related to the crash and medically necessary, and future care must be supported by reliable medical opinions about likely needs and costs. Evidence of past bills is limited to amounts paid or the amounts necessary to satisfy the charges. Most claims must be filed within three years.

Understanding the Problem

You want to know if, in North Carolina, you can recover ongoing medical and therapy expenses through an accident claim. You are the injured person seeking compensation for treatment already received and care you will need in the future. The key question is whether state law allows you to claim those costs and what proof you need, especially as time passes after the accident.

Apply the Law

Under North Carolina law, injured people may recover compensatory damages for medical and therapy expenses that are reasonable, necessary, and caused by the at‑fault party. This includes both past bills and future care, such as physical therapy, surgery, pain management, and counseling when supported by medical evidence. Claims are typically asserted first with the at‑fault insurer and, if unresolved, in civil court (District Court for smaller claims; Superior Court for claims over $25,000). A three‑year statute of limitations generally applies to negligence-based personal injury claims.

Key Requirements

• Fault by another: Show the other party acted negligently and caused the collision.
• Causation: Connect your injuries and treatment to the accident with medical records and provider opinions.
• Reasonable and necessary care: Prove the treatment and therapy were appropriate for your injuries.
• Admissible medical charges: For past bills, you may present amounts paid or amounts necessary to satisfy unpaid charges.
• Future expenses: Provide reliable medical opinions that future care is likely needed and estimate costs.
• Timely filing and lien handling: File within the limitations period and address medical provider and insurer liens before disbursement.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for personal injury) — Most negligence claims must be filed within three years.
• N.C. R. Evid. 414 (Medical expense evidence) — Allows proof of amounts paid or necessary to satisfy medical bills.
• N.C. Gen. Stat. § 44-49 (Medical provider lien) — Lets providers claim a lien for reasonable charges.
• N.C. Gen. Stat. § 44-50 (Lien enforcement and distribution) — Limits total medical liens to a portion of the recovery after attorney fees.

Analysis

Apply the Rule to the Facts: If your doctor relates your injuries to the crash and says you will likely need additional therapy over the next year, you can claim those future sessions and their expected cost. If you received counseling for accident‑related anxiety and your provider documents the diagnosis and treatment plan, those therapy expenses may be included as well. In both examples, you would present records, bills, and a provider’s opinion to show the care is necessary and tied to the accident.

Process & Timing

1. Who files: The injured person (or their attorney). Where: Start with a claim to the at‑fault driver’s insurer; if needed, file a lawsuit in the proper North Carolina court (District Court or Superior Court, depending on the amount). What: A written demand with medical records/bills; if suing, file a Complaint and Civil Summons (AOC-CV-100). When: File suit within three years of the accident for most negligence claims.
2. Insurer review, negotiation, and (often) mediation follow. During this time, gather complete medical records, itemized bills, and written opinions on future care and costs. Timelines vary by county and insurer workload.
3. If settled, the insurer issues payment after lien resolution; if tried, the court enters judgment. Funds are disbursed after resolving statutory and contractual liens.

Exceptions & Pitfalls

• North Carolina’s contributory negligence rule can bar recovery if you were even slightly at fault, subject to limited doctrines that may apply in rare circumstances.
• Gaps in treatment or lack of follow‑through can undermine “necessity” and “causation.” Keep appointments and document everything.
• For past medical charges, courts typically allow only amounts paid or necessary to satisfy unpaid bills; billed amounts alone may not be admissible.
• Unresolved medical, Medicare/Medicaid, or health plan liens can delay disbursement and reduce your net recovery. Address them early.
• Different deadlines or procedures may apply for claims involving minors, state agencies, or governmental immunity. When in doubt, act promptly.

Talk to a Personal Injury Attorney

If you’re dealing with ongoing medical and therapy costs after a North Carolina accident, our firm can help you understand your options, documentation needs, and deadlines. Call us today at 919-313-2737.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.