Short Answer

In North Carolina, your attorney must keep you reasonably informed and promptly respond to reasonable requests for information. If your case is waiting on medical records, ask for a written status update and a clear communication plan (for example, updates every 30 days) with target dates for the next steps. You can also request copies of recent correspondence to providers. Keep an eye on the lawsuit filing deadline, which in many injury cases is about three years from the crash date.

Understanding the Problem

In North Carolina personal injury cases, how can you, as the injured client, get a meaningful status update from your attorney when the case is about a year old and your lawyer is waiting on medical reports from a treatment provider? This question is about your right to timely information so you can understand where your claim stands and what will happen next.

Apply the Law

North Carolina’s professional conduct rules require lawyers to keep clients reasonably informed about the status of a matter, promptly comply with reasonable requests for information, and explain matters sufficiently for the client to make informed decisions. In a pending injury claim, “significant developments” include receipt (or delay) of medical records, insurer decisions, and approaching filing deadlines. While you are represented, insurers typically route communication through your attorney. The main “forum” here is your attorney’s office, but you should also watch the court filing deadline because your claim must be preserved in time.

Key Requirements

• Reasonable updates: Your lawyer must respond to reasonable requests for a status update within a reasonable time.
• Keeping you informed: Your lawyer should notify you of significant developments, like delayed medical records and how that affects timing.
• Enough explanation: You are entitled to an explanation that lets you make informed decisions, including whether to wait for more records or take another step.
• Channel for insurer contact: Because you are represented, the insurer will generally communicate through your attorney, not directly with you.
• Watch the deadline: Most North Carolina car accident injury lawsuits must be filed within a limited time (often three years from the crash); confirm your exact deadline with your attorney.

What the Statutes Say

• North Carolina Rules of Professional Conduct, Rule 1.4 (Communication) - Lawyers must keep clients reasonably informed and promptly comply with reasonable requests for information.
• N.C. Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Insurers must handle communications and claims fairly and promptly; in represented claims, this typically occurs through your lawyer.

Analysis

Apply the Rule to the Facts: You have a year-old North Carolina car accident claim, and your attorney is waiting on medical reports. Your request for a status update is reasonable, and your lawyer should explain what was requested from the provider, when, and the expected timeline. Because provider delays are common, your lawyer should also outline interim steps (follow-ups, alternative sources, or partial demands) and confirm your lawsuit deadline so your rights are protected.

Process & Timing

1. Who files: You. Where: Your attorney’s office (email or letter). What: A written “status update request” asking for (a) what has been done to obtain records, (b) what remains, (c) target dates, and (d) a communication schedule (e.g., updates every 30 days). When: Ask for a written response within 7–10 business days.
2. If records are still pending, ask your attorney to send you (or the provider) a renewed request with your signed authorization, and to share confirmation of the request and follow-up dates. Many providers take a few weeks; some take longer.
3. If you receive no response, escalate in writing to the supervising or managing attorney for a written status letter and the calendared lawsuit deadline. The expected outcome is a dated plan for next steps and update frequency.

Exceptions & Pitfalls

• Provider delays: Incomplete authorizations, fees, or provider backlogs slow records. Confirm the correct release form and that fees (if any) were addressed.
• Silence isn’t progress: If you are not getting updates, put your request in writing with a response date and ask for a standing update schedule.
• Contacting the insurer directly: Because you are represented, direct contact can complicate your claim. Coordinate all insurer communications through your lawyer.
• Deadline risk: Waiting for records too long can bump into the filing deadline. Ask your attorney to calendar the deadline and, if needed, file to preserve the claim.

Talk to a Personal Injury Attorney

If you’re waiting on updates about a North Carolina car accident claim and need clear next steps and timelines, our firm has experienced attorneys who can help you understand your options. Reach out 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.