Short Answer

In North Carolina injury cases, you usually wait to request final medical records until your provider says you’ve reached maximum medical improvement (MMI) or you’re on a stable long-term plan. If symptoms continue, ask for interim records now and supplement later rather than pausing your claim. Don’t delay if the three-year lawsuit deadline is approaching. Your legal team can gather updated records as your care evolves.

Understanding the Problem

You want to know when, under North Carolina personal injury practice, you should stop treatment so your legal assistant can request your records. The decision point is whether you should wait until you’re truly finished or request records while care continues. Because you still have recurring headaches after a car crash, it’s not clear if you’re done treating, which affects when to pull records for your claim.

Apply the Law

Under North Carolina law, settlement evaluation works best when records show a complete picture of your diagnosis, the cause of your injuries, the treatment you received, and your long-term outlook. “Maximum medical improvement” (MMI) means your condition has stabilized—either you’re fully recovered or further care is unlikely to change your baseline. If you haven’t reached MMI, you can still request interim records to keep the claim moving. The main legal clock to watch is the general three-year statute of limitations for filing a personal injury lawsuit, measured from the date of the crash in most cases. Medical records are obtained directly from each provider’s medical records department; providers may charge copy fees set by statute.

Key Requirements

• MMI or stable plan: Confirm with your treating provider that you’ve reached MMI or have a long-term maintenance plan before requesting “final” records.
• Complete provider list: Request records and itemized bills from every related provider (e.g., emergency care, imaging, chiropractic, primary care).
• Content of records: Ensure records address diagnosis, causation, treatment, restrictions, and any future care or prognosis.
• Statute of limitations: Track the three-year deadline to file suit; don’t wait for complete recovery if the deadline is near.
• Authorizations and fees: Use a written HIPAA-compliant authorization; expect providers to charge statutory copy fees and allow processing time.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations—three years) - Most negligence-based personal injury lawsuits must be filed within three years.
• North Carolina Gen. Stat. § 90-411 (Medical record copy fees) - Providers may charge reasonable, statutorily defined fees for copies of medical records.
• North Carolina Gen. Stat. § 8-44.1 (Medical records as evidence) - Medical records can be used as evidence if properly authenticated.

Analysis

Apply the Rule to the Facts: Because you still have recurring headaches after the crash, you likely haven’t reached MMI. Continue treatment under your provider’s guidance and ask your legal assistant to pull interim records and bills now, then supplement once your provider declares MMI or sets a stable maintenance plan. Keep the three-year filing deadline in view; if it’s approaching, request records immediately and do not wait for complete discharge.

Process & Timing

1. Who files: You or your legal assistant. Where: Each provider’s medical records department in North Carolina. What: A written Authorization to Disclose Health Information and a request for records and itemized bills. When: Right after your provider confirms MMI or a stable plan—and sooner if the three-year deadline is within the next several months.
2. Providers gather records and bills. Typical turnaround is a few weeks; hospitals and imaging centers may take longer. Follow up if no response within a reasonable time.
3. Once complete records and bills arrive, your attorney reviews them, may obtain a treating provider narrative, and then prepares a demand. If the filing deadline is near, suit is filed in the appropriate North Carolina District or Superior Court to preserve your claim.

Exceptions & Pitfalls

• Stopping care too soon can create “gaps in treatment,” which can undermine the link between the crash and your symptoms.
• Requesting only chiropractic records misses key items like ER notes, imaging reports, and primary care follow-ups.
• Waiting for full recovery when symptoms linger may push you up against the filing deadline—request interim records and supplement later.
• Not asking for itemized bills can delay insurance review; request both medical records and detailed billing.
• Unclear discharge status—ask your provider directly whether you’ve reached MMI or need a longer-term plan.

Talk to a Personal Injury Attorney

If you’re deciding whether to finish treatment before requesting records, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (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.