Understanding the Problem

If you are handling a North Carolina personal injury claim and your doctor recommends more care after you believed treatment was finished, can you still keep treating and how does that affect your claim when your lawyer is trying to get a progress update?

Apply the Law

North Carolina personal injury claims (like car wreck and premises injury cases) are usually resolved by a settlement agreement and a written release. The practical rule is simple: until your claim is resolved, additional treatment can strengthen or change the proof of your injuries and the amount of damages you can document; after you resolve the claim and sign a release, the release often closes the door on getting the other side to pay more for later care related to the same injury.

There is also a timing issue in the background: most North Carolina personal injury lawsuits must be filed within a set limitations period. Ongoing treatment does not automatically “pause” that deadline, so your lawyer may track both your medical progress and the filing deadline at the same time.

Key Requirements

• Confirm whether the claim is settled: The biggest turning point is whether you have signed a settlement release (or your lawyer has finalized settlement terms) versus the claim still being open.
• Medical support for the added care: The new treatment should be tied to the injury event in your medical records (complaints, diagnosis, plan of care, referrals, imaging, and follow-ups).
• Updated documentation: Your lawyer typically needs updated records, bills, work notes, and any new restrictions to evaluate damages and negotiate.
• Consistency matters: Gaps in care, missed appointments, or stopping and restarting without explanation can create arguments that the condition is unrelated or resolved.
• Know who is paying while the case is pending: Treatment may be billed to health insurance, medical payments coverage, letters of protection, or other arrangements, and those choices can affect reimbursement issues later.
• Watch the lawsuit deadline: Even if you are still treating, you may need to file suit before the statute of limitations expires to protect the claim.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitation; personal injury) - Sets a three-year limitations period for many personal injury lawsuits, with accrual rules that can depend on when harm becomes apparent.
• N.C. Gen. Stat. § 1-540.1 (Release and later malpractice claims) - Explains that settling the original injury claim does not automatically bar a separate negligent-treatment claim unless the release expressly says so.

Analysis

Apply the Rule to the Facts: Here, a law firm is checking in because you have been treating for an injury claim and they want to know whether treatment is finished. If your doctor is now recommending more treatment, that usually means your medical picture is still changing, so your lawyer may need updated records and bills before valuing the claim or pushing settlement. The key practical question is whether anything has been signed or finalized; if not, the new treatment is usually handled as part of the ongoing claim.

Process & Timing

1. Who updates: The injured person (or their attorney). Where: With your attorney’s office handling the North Carolina claim. What: Provide the new treatment recommendation (referral, therapy plan, procedure recommendation, follow-up schedule) and sign any needed medical record authorizations. When: As soon as you learn you are not actually finished treating.
2. Next step: Your attorney requests updated medical records/bills and reassesses whether it is too early to settle, whether more time is needed to understand prognosis, and whether suit needs to be filed to protect the deadline. Timeframes vary by provider and county, but record collection often takes weeks.
3. Final step: Once treatment stabilizes (or your doctor gives a clear plan and prognosis), your attorney typically uses the complete medical documentation to negotiate settlement or, if needed, proceed with litigation while treatment continues.

Exceptions & Pitfalls

• Signing a release too early: If you settle and sign a release before you understand whether you will need more care, you may end up responsible for later treatment costs yourself.
• Stopping care without a clear medical reason: Insurance adjusters often argue that long gaps mean you were better or that something else caused the symptoms later.
• Not connecting the dots in the records: If the doctor’s notes do not clearly tie the new treatment to the original injury, the insurer may dispute causation or argue the care is unrelated.
• Mixing up personal injury vs. workers’ compensation rules: Different systems have different medical-payment rules and deadlines. Make sure your lawyer knows which type of claim you have before you assume treatment will be covered.
• Overlooking reimbursement issues: If another payer covered treatment while the case was pending, repayment claims (often called liens or reimbursement rights) may affect the net settlement.

You may also find these related resources helpful: How do I know when my medical treatment is considered complete for my injury case? and Can my case settle if I’m still treating or waiting on a final medical evaluation?.

Conclusion

If your North Carolina doctor recommends more treatment after you thought you were done, it usually means your injury claim is not medically “finished,” and your settlement value and timing may need to be reevaluated. The biggest risk is settling too soon, because a signed release often ends the other side’s obligation to pay more later. Your next step is to tell your lawyer immediately and provide the updated treatment plan so they can protect the case before the three-year filing deadline becomes an issue.