Short Answer

Yes. In North Carolina, focused, relevant treatment records that connect your current symptoms and care to the crash can increase settlement value by strengthening causation, reasonableness, and the scope of your damages. Provide targeted updates (records, bills, and provider narratives) rather than broad releases. Do this before the three-year deadline to file a personal injury lawsuit.

Understanding the Problem

You want to know if sending more medical records can help you negotiate a higher personal injury settlement in North Carolina. The decision point is whether you, as the injured claimant, should provide additional, targeted treatment records to the insurer to improve your offer during pre-suit negotiations. One key fact here: the insurer has only reviewed limited urgent care and neurology records so far.

Apply the Law

In North Carolina, settlements reflect proof of liability and damages. Damages depend on evidence that your treatment was caused by the crash, was reasonably necessary, and shows the full impact on your life and future. North Carolina law allows recovery for an aggravation of a preexisting condition if the crash made your condition worse. Negotiations occur with the insurer, but if settlement fails, claims are filed in civil court. The general deadline to file a personal injury lawsuit is three years from the date of injury.

Key Requirements

• Causation: Records should connect your current symptoms and treatment to the crash (aggravation of a preexisting condition counts if the crash worsened it).
• Reasonableness and necessity: Bills and treatment plans should reflect care that is appropriate for your diagnosis and consistent over time.
• Amounts actually paid: Include explanations of benefits or provider account ledgers to show what was paid or still owed; those figures drive valuation at trial.
• Scope of harm: Include notes that document pain, functional limits, time off work, and any physician guidance on future care.
• Targeted records: Provide focused records related to the crash and relevant prior care for the same body systems, not blanket authorizations.
• Timeliness: Update the insurer before the three-year lawsuit deadline to preserve leverage.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations of actions) - Personal injury claims are generally subject to a three-year deadline from the date of injury.
• North Carolina Gen. Stat. § 8-58.1 (Medical bills as evidence) - Itemized medical charges can establish reasonableness and necessity when properly presented.
• North Carolina Rule of Evidence 414 - At trial, recoverable medical expenses are limited to amounts actually paid or needed to satisfy outstanding bills.
• North Carolina Gen. Stat. § 90-411 (Copying medical records) - Providers may charge set fees and require proper authorization to release records.

Analysis

Apply the Rule to the Facts: Here, the insurer has seen only limited urgent care and neurology records, so your file likely does not show the full course of treatment or the extent of aggravation to your migraines and concussion. Adding targeted records (follow-up neurology, therapy, imaging, and a treating provider narrative on causation and prognosis) can bridge that gap. Including itemized bills and proof of payments aligns evaluation with amounts actually paid under North Carolina rules, which can move the offer.

Process & Timing

1. Who files: You or your attorney. Where: Send an updated demand package to the insurance adjuster. What: Updated demand letter; organized, relevant medical records; itemized bills; explanations of benefits; wage and activity impact notes; and a narrowly tailored HIPAA authorization if needed. When: Send as soon as new records are available and well before the three-year deadline to file suit.
2. Insurer review and negotiation: Adjusters typically take a few weeks to evaluate new materials; some counties and carriers vary. If the offer remains low, request a treating provider narrative on causation, future care, and work limits to clarify the medical story.
3. If unresolved: File a lawsuit in the appropriate North Carolina civil court before the deadline; continue negotiating while the case proceeds. Settlement, if reached, is documented in a written release.

Exceptions & Pitfalls

• Overbroad authorizations: Avoid signing blanket releases that open unrelated history; provide focused records tied to the injuries at issue.
• Gaps in care: Long breaks in treatment weaken causation; explain any gaps with provider notes if they occurred.
• Amounts billed vs. paid: Insurers track amounts actually paid under Rule 414; include EOBs or provider ledgers, not just gross charges.
• Preexisting conditions: Aggravation is compensable if the crash worsened the condition; make sure a provider states this clearly.
• Government defendants or special claims: Different procedures or shorter timelines may apply; confirm deadlines before relying on the general rule.

Talk to a Personal Injury Attorney

If you're negotiating a settlement and wondering whether more treatment records could raise the offer, our firm can help you organize the right evidence and protect your timelines. 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.