Short Answer

In North Carolina, you can and should ask for a written, itemized settlement breakdown before you sign any release. The breakdown should show the gross settlement, attorney’s fee, case costs, each lien (and why it’s owed), and your net. North Carolina law limits how much perfected medical provider liens can take from your recovery, and Medicaid has separate statutory rules. Ask for the lien notices and calculations so you can verify every number.

Understanding the Problem

You want to know whether you can see the dollar-by-dollar settlement breakdown before you e-sign the release in a North Carolina personal injury case. The issue matters because the release ends your claim, and the final numbers depend on fees, costs, and any health-program or medical provider liens. Here, the insurer plans to send an electronic release first.

Apply the Law

Under North Carolina law, medical providers who properly assert liens have a statutory claim against your injury recovery, subject to limits. Medicaid has its own statutory claim and allocation rules. Your lawyer must safeguard settlement funds and provide a written accounting at the end; you may request a draft itemized statement before you sign the release so you understand how the statutes and your fee agreement affect your net recovery. This is handled through your attorney and the insurer; no court filing is required just to review a breakdown.

Key Requirements

• Itemized statement: Ask your lawyer for a draft written settlement statement that shows the gross settlement, attorney’s fee per your fee agreement, itemized costs, each lien (with documentation), and your net.
• Medical provider liens: Providers that treat accident injuries can claim a lien on the settlement if they comply with notice requirements; by statute, the combined payout to such providers is capped so you keep at least part of the recovery.
• Medicaid/Medicare/health plans: Medicaid has a statutory reimbursement right and allocation formula; Medicare and some self-funded ERISA plans follow federal rules; many private health plans in North Carolina cannot demand reimbursement under state law.
• Costs and receipts: You are entitled to know the case costs advanced and see how they are calculated; ask for invoices for large costs.
• Out-of-pocket medical payments: Co-pays and deductibles you paid can be reimbursed from your share if no other plan is claiming those amounts.
• Client consent: Do not sign the release until you understand and agree with the numbers and how each lien was calculated.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows certain medical providers to assert liens on injury recoveries if they meet notice requirements.
• North Carolina Gen. Stat. § 44-50 (Enforcement and cap) - Governs payout of perfected medical liens and limits how much of your recovery may go to those liens.
• North Carolina Gen. Stat. § 108A-57 (Medicaid reimbursement from third-party liability) - Sets Medicaid’s claim and how a settlement is allocated to reimburse it.

Analysis

Apply the Rule to the Facts: Because the insurer will send an electronic release first, ask your lawyer for a draft settlement statement and the lien documents before you sign. If a provider has a perfected lien, North Carolina law limits how much of your recovery those medical liens can take; your statement should show that cap is respected. If the “health program” is Medicaid, the draft should show the Medicaid allocation; if it is a private plan, your lawyer should confirm whether reimbursement is actually owed. Your own co-pays and deductibles can be reimbursed from your share if no plan is claiming them.

Process & Timing

1. Who files: No court filing is required. Where: Work with your attorney and the insurer. What: Request a “draft settlement statement” plus copies of lien notices/demands and a cost ledger. When: Ask for these before you sign the release so you can verify every number in advance.
2. After you sign, the insurer issues payment; your lawyer deposits it into the law firm trust account, confirms the funds clear, and finalizes lien amounts (Medicaid or Medicare can take longer). Your lawyer then sends a final statement for your signature.
3. Once you approve the final statement, your lawyer disburses: pays perfected liens as required, pays agreed fees and costs, and issues your net funds with a copy of the fully itemized accounting.

Exceptions & Pitfalls

• Medicaid, Medicare, or self-funded ERISA plans follow special reimbursement rules; your payout may be delayed until a final demand issues.
• Not every bill creates a lien; only perfected provider liens get statutory priority. Verify that each claimed medical charge is lien-eligible and properly noticed before it is paid from your recovery.
• Do not assume private health insurance can take reimbursement in North Carolina; many plans cannot under state law unless federal law preempts.
• Check that the statutory lien cap for medical providers is honored; if the math exceeds the cap, ask for a reallocation or negotiation.
• Confirm costs: large expenses (e.g., expert fees, records, liens vendor fees) should have documentation; ask to correct any errors before you sign.

Talk to a Personal Injury Attorney

If you're dealing with a personal injury settlement and want to verify the fees, costs, and lien payoffs before signing a release, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

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.