Short Answer

In North Carolina, you can present one demand package to the retailer’s insurance company that includes all medical bills and records reasonably related to the store incident. Do not combine bills from unrelated events (like a separate car crash). Before settling, gather complete records or a clear prognosis, and identify any medical or public insurance liens so they can be resolved. Watch the three-year time limit to file a lawsuit if settlement does not resolve the claim.

Understanding the Problem

You want to know how to bundle your treatment costs into one claim against the retailer. In North Carolina personal injury cases, you can usually make a single, unified claim for all reasonable medical expenses caused by the store incident. Here, you are completing headache treatment and scans through a public insurance program and want to move forward once those bills are in hand.

Apply the Law

North Carolina allows an injured person to seek compensation for medical expenses that are reasonable, necessary, and caused by the retailer’s negligence. “Consolidating” means assembling all incident-related bills and records into one pre-suit demand to the retailer’s insurer. Bills from a different accident (for example, a motor vehicle crash) are separate and should not be mixed into the retailer claim. The demand typically goes to the insurer first; if unresolved, suit is filed in the appropriate North Carolina trial court. A three-year statute of limitations generally applies to personal injury claims, so timing matters.

Key Requirements

• Causation: Include only bills and records that tie to the retailer incident; exclude unrelated treatment.
• Completeness or prognosis: Wait until you reach maximum medical improvement or obtain a doctor’s prognosis so future care can be addressed.
• Lien compliance: Identify and resolve healthcare provider liens and any public insurance (like Medicaid) reimbursement claims before disbursement.
• Timeliness: Preserve your rights by settling or filing suit within the applicable limitation period.
• Proper party and forum: You submit the pre-suit demand to the retailer’s insurer; if needed, file in District or Superior Court depending on the amount.
• Documentation: Provide itemized bills, treatment records, and a concise medical summary that connects treatment to the incident.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Personal injury limitation period) - Most negligence claims must be filed within three years.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows providers to claim a lien on personal injury recoveries if they furnish records and bills upon request.
• North Carolina Gen. Stat. § 44-50 (Distribution and lien limits) - Limits how much of a recovery liens can take and requires pro rata sharing when funds are short.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien) - Establishes the State’s claim for reimbursement from third-party recoveries and caps apply to protect part of the settlement.

Analysis

Apply the Rule to the Facts: For your retailer claim, gather and submit only the bills and records related to the head injury from the store incident. Because you’re receiving care under a public insurance program, expect a reimbursement claim that must be addressed before settlement funds are released. Waiting to finish treatment or to receive a prognosis is sensible, but do not exceed the general three-year limit. Your child’s ongoing car-crash treatment belongs in a separate motor vehicle claim, not the retailer claim; the police report omission can be corrected directly with the agency or supplemented with insurer documentation.

Process & Timing

1. Who files: You (the injured adult). Where: Send a consolidated demand to the retailer’s liability insurer; if unresolved, file in the appropriate North Carolina District or Superior Court in the county where the incident occurred or where the defendant resides. What: A demand package with a medical summary, itemized bills, treatment records, wage loss (if any), photos, and witness information. Include HIPAA-compliant authorizations and identify all known liens. When: After you reach maximum medical improvement or have a clear prognosis, but before the three-year limitation period expires.
2. Request itemized bills and records from every provider; ask them to hold collection; verify any public insurance lien amount. If a provider fails to furnish records upon request, its lien rights may be limited. Insurers often need several weeks after receiving complete records to evaluate.
3. Negotiate settlement. On resolution, execute a release limited to the retailer incident, pay perfected liens (provider and public insurance) from settlement funds as required by law, and receive your net proceeds. If the insurer disputes causation or damages, consider filing suit to preserve your rights while treatment continues.

Exceptions & Pitfalls

• Do not mix bills from unrelated events (for example, your child’s car crash) into the retailer claim; insurers will reject them, and it can undermine credibility.
• Gaps in treatment or missing causation language from your doctor can result in denials; ask your provider to connect the treatment to the store incident.
• Failure to identify and resolve Medicaid or provider liens can delay payment or expose you to reimbursement claims after settlement.
• If a provider does not supply itemized bills/records after request, its lien may be unenforceable; keep written proof of your requests.
• A police report error in the motor vehicle case does not control liability, but you should request a supplemental report from the agency to correct key omissions.

Talk to a Personal Injury Attorney

If you’re dealing with incident-related treatment and want to present one clear claim to the retailer’s insurer, our firm has experienced attorneys who can help you organize records, protect liens, and meet deadlines. Reach out today.

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.