Short Answer

In North Carolina, you prove past treatment costs with itemized medical bills and records that show what was actually paid or still owed, plus proof the care was needed because of the crash. For future care, you need a treating provider’s opinion that the care is reasonably certain and estimates of the likely costs. Use medical records, billing statements, explanations of benefits, and provider letters to connect the treatment to the collision and to document amounts.

Understanding the Problem

You’re asking what documents and testimony you need, under North Carolina personal injury law, to prove your past medical expenses and the cost of ongoing care after a car crash. You are the injured driver seeking to recover these costs, and you were placed on light duty after returning to work. This article explains the evidence insurers and courts look for and how to gather it.

Apply the Law

North Carolina limits evidence of past medical expenses to the amounts actually paid to providers or still owed, not the full “sticker price.” Your records must also show the treatment was reasonably necessary for crash-related injuries. Future medical costs require reliable medical testimony that future care is reasonably certain and a reasonable way to estimate those costs. Medical records and bills can come in through the business-records rule or a custodian affidavit. Claims typically start with the at-fault insurer; if unresolved, you file in the county Clerk of Superior Court. The general statute of limitations for personal injury is three years from the crash.

Key Requirements

• Amounts paid or owed: Show itemized bills and proof of payments and any balances. North Carolina allows only the paid/owed amounts for past medicals.
• Medical necessity and causation: Use treating provider records or testimony tying your treatment (e.g., imaging, therapy, surgery) to the crash injuries.
• Future care is reasonably certain: Obtain a provider’s opinion (to a reasonable degree of medical certainty) that future care is likely, plus cost estimates (e.g., therapy visits, surgery, follow-ups).
• Admissible records: Authenticate medical records/bills through a records custodian, business-records foundation, or an appropriate affidavit.
• Organized cost proof: Include explanations of benefits (EOBs), pharmacy receipts, mileage to appointments, and proof of out-of-pocket payments.

What the Statutes Say

• North Carolina Rule of Evidence 414 (Medical expenses actually paid or owed) - Past medical expenses are limited to amounts paid or still owed.
• North Carolina Rule of Evidence 803(6) (Business records) - Allows medical/billing records kept in the ordinary course of business.
• North Carolina Rule of Evidence 702 (Opinion testimony) - Governs qualified opinion testimony used to establish future medical needs and costs.
• N.C. Gen. Stat. § 1-52 (Three-year limitations period) - General three-year deadline for personal injury claims.

Analysis

Apply the Rule to the Facts: Your orthopedic visits, imaging, and physical therapy can be proven with itemized bills showing what your health insurer paid and any balances you still owe, plus the corresponding medical records. Your light-duty restriction and missed work support the need for treatment. If your MRI indicates surgery, ask your treating provider for a written plan explaining why surgery is likely and cost estimates; that builds proof for future medical expenses under North Carolina law.

Process & Timing

1. Who files: The injured person (or their attorney). Where: Start with the at-fault insurer; if unresolved, file a lawsuit with the Clerk of Superior Court in the county where the crash occurred or the defendant resides. What: Gather itemized bills, medical records, explanations of benefits, proof of payments, and a treating provider letter on future care and costs. When: Begin immediately; the general deadline to file suit is 3 years from the crash.
2. Request complete records and itemized billing from each provider (orthopedics, imaging, therapy, pharmacy). Allow several weeks for responses. Ask your provider to address causation (link to crash), necessity, and any likely future care in a short narrative.
3. If the insurer disputes costs or future care, file suit and use discovery, subpoenas, and depositions to authenticate records and obtain provider testimony. The end result is a documented set of past medical expenses (paid/owed) and a reliable basis for future medical costs.

Exceptions & Pitfalls

• Sticker price vs. admissible amount: North Carolina allows only amounts paid or still owed for past medicals; keep EOBs and proof of payments.
• Gaps in care: Skipped appointments or long delays can undermine medical necessity; follow your provider’s plan and keep records.
• Authentication issues: If a provider won’t appear, use a records custodian or an approved affidavit procedure to admit records.
• Future care proof: General possibilities are not enough; obtain a clear provider opinion that future treatment is reasonably certain and cost estimates.
• Insurance and liens: Track health insurance, Medicare/Medicaid, or workers’ compensation liens; unresolved liens can delay settlement.
• Contributory negligence: Any fault assigned to you can bar recovery in North Carolina; be careful with statements to insurers.

Talk to a Personal Injury Attorney

If you’re dealing with medical bills now and likely treatment ahead, our firm has experienced attorneys who can help you understand your options and 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.