Short Answer

In North Carolina, the best way to make ongoing symptoms show up in your case is to ensure they appear in your medical records through consistent, specific reporting to licensed providers. Ask your providers to record objective findings (like range-of-motion measurements), keep a daily symptom and activity log, save receipts for medications and supplies, and follow your treatment plan without gaps. If your claim goes to court, your medical records are the primary evidence, and there is generally a three-year limit to file a personal injury lawsuit.

Understanding the Problem

You want to know how, in North Carolina, you can make sure daily stiffness and limited neck rotation are accurately captured so they count in your personal injury claim. The key is converting what you feel into clear, timely medical documentation and related records. Here, you’re continuing physical therapy and still have daily stiffness that has not resolved. The goal is to turn those ongoing symptoms into reliable evidence that insurers and courts will recognize.

Apply the Law

Under North Carolina law, your claim is primarily proven through medical records and other reliable documents created in the normal course of care. Consistent treatment and objective measurements (for example, range-of-motion findings by a physical therapist or physician) carry significant weight. Most injury cases resolve with the insurer, but if you sue, the case is filed in North Carolina District or Superior Court depending on the amount claimed, and the general deadline to file a personal injury lawsuit is three years from the date of injury.

Key Requirements

• Consistent provider documentation: Report symptoms the same way at every visit and make sure licensed providers record them in your chart.
• Objective findings: Ask providers to include measurable data (e.g., range-of-motion, strength tests, positive exam findings, imaging when appropriate).
• Contemporaneous personal records: Keep a daily log of pain levels and activity limits and share it with your providers so key points are reflected in the medical record.
• Treatment adherence: Attend appointments, follow home exercises, and document OTC medications and supplies; avoid gaps in care.
• Record preservation: Save receipts and regularly request updated records and bills to track your progress and costs.

What the Statutes Say

• N.C. Gen. Stat. § 8-44.1 (Medical records as evidence) - Allows medical records to be used as evidence when properly authenticated.
• N.C. R. Evid. 414 (Amounts paid for medical expenses) - Limits evidence of medical charges to amounts actually paid or necessary to satisfy the bills.
• N.C. Gen. Stat. § 1-52 (Three-year limitation for personal injury) - Sets the general three-year deadline to file personal injury lawsuits.

Analysis

Apply the Rule to the Facts: You are in ongoing physical therapy and still have daily stiffness. Ask your therapist and physician to record specific range-of-motion limits (in degrees), pain levels, and functional limits at each visit. Keep a daily log of stiffness, neck rotation limits, and how they affect tasks; bring it to appointments so key points enter the medical record. Save receipts for OTC pain relievers, patches, and supplies to support your care and symptom management.

Process & Timing

1. Who files: You or your attorney. Where: Provide records to the liability or UM/UIM insurer; if suit is needed, file in the appropriate North Carolina District or Superior Court. What: Signed HIPAA authorizations, medical records and bills, treatment summaries, and your symptom/activity log (shared with providers). When: Start immediately and continue throughout care; the general lawsuit deadline is three years from the injury.
2. At each medical visit, clearly report stiffness, neck rotation limits, and functional impacts; ask for objective measurements and updated treatment plans. Request updated records and itemized bills every 30–60 days to track progress.
3. When treatment stabilizes or ends, compile final records, bills, proof of payments, and wage documentation to submit with your demand. If settlement fails, draft and file the complaint before the three-year deadline.

Exceptions & Pitfalls

• Gaps in treatment or missed appointments can undermine credibility; communicate conflicts and reschedule promptly.
• Vague reports like “still hurts” carry less weight than “cannot rotate past 45° without pain; lifting over 10 lbs triggers spasm.” Ask providers to document specifics.
• Only keeping a private diary without sharing key points with your provider may limit its impact; ensure the medical chart reflects your ongoing symptoms.
• Uncoordinated care (for example, switching providers without sharing prior records) can create inconsistencies; authorize record sharing among providers.
• Social media posts that contradict reported limitations can be used against you; be cautious and accurate.

Talk to a Personal Injury Attorney

If you're dealing with ongoing stiffness and limited neck movement after an injury, 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.