How often should I expect updates from my attorney while we’re waiting on medical records?

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How often should I expect updates from my attorney while we’re waiting on medical records? - North Carolina

Short Answer

In North Carolina, your attorney should keep you reasonably informed about your case and respond to reasonable requests for information. While there is no fixed “every X days” rule during a medical-records wait, you should expect a clear communication plan (for example, a status update at regular intervals and an update any time something important changes). If you have gone weeks with no response after asking for an update, it is reasonable to request a specific status report and a schedule for future check-ins.

Understanding the Problem

In a North Carolina personal injury claim, can my attorney go weeks without updates while the firm waits on medical bills and records before sending a pre-demand verification for my review and then issuing a demand?

Apply the Law

North Carolina lawyers have professional duties to communicate with clients in a way that lets the client make informed decisions and understand the status of the matter. Practically, waiting on medical records is a common “quiet” phase in a personal injury claim because the demand package usually depends on complete treatment records and itemized billing. Even so, your lawyer should (1) tell you what the firm is waiting on, (2) explain what the firm is doing to obtain it, and (3) give you a realistic cadence for updates and a way to get a prompt response when you ask.

Key Requirements

  • Reasonable communication: Your lawyer should keep you reasonably informed about the status of the case and what is happening during the “records and bills” stage.
  • Responsiveness to your requests: If you ask for an update, the firm should respond within a reasonable time (even if the update is simply “we are still waiting, and here is what we have done so far”).
  • Clear next steps: The firm should explain the sequence: request records/bills, confirm completeness, prepare a pre-demand verification for you to review, then send a demand.
  • Client involvement at decision points: You should be contacted when your input or approval matters (for example, reviewing a pre-demand verification or deciding whether to send a demand with incomplete records).
  • Documentation of efforts: A well-run file usually shows when requests were sent, follow-ups made, and what is still missing, so the firm can give you a concrete status report.

What the Statutes Say

Analysis

Apply the Rule to the Facts: You have an ongoing North Carolina personal injury claim and you called after not receiving updates for a few weeks. Because the firm is waiting on medical bills and records before sending you a pre-demand verification and then issuing a demand, some delay is normal—but the firm should still be able to tell you what providers are outstanding, when requests went out, whether follow-ups have been made, and when you should expect the next check-in. If you asked for an update and received no response, that is usually the bigger concern than the fact that records are still pending.

Process & Timing

  1. Who requests records: Usually your attorney’s office (or you, if the firm asks you to help). Where: From each treatment provider’s medical records department. What: A signed HIPAA authorization and a request for complete records and itemized billing. When: Early in the claim, and again if new treatment occurs.
  2. Follow-ups: The firm should track what has arrived and follow up with providers that have not responded. Timeframes vary widely by provider; delays are common when billing is not finalized or when a provider uses a third-party records vendor.
  3. Pre-demand verification and demand: Once the file is complete enough, the firm prepares a pre-demand verification for your review, corrects any errors you identify, and then sends the demand to the insurance adjuster.

Exceptions & Pitfalls

  • “No news” is not the same as “no work”: Records delays can be outside the firm’s control, but you should still receive periodic status updates and prompt responses when you ask.
  • Incomplete records can weaken a demand: Sending a demand before bills/records are complete can create disputes about what treatment relates to the injury or what charges are outstanding.
  • Provider billing lags: Some providers generate itemized bills weeks after treatment ends; your attorney should explain whether the delay is medical records, billing, or both.
  • Communication breakdown: If you do not know who your point of contact is (attorney vs. case manager), messages can stall. Ask for one primary contact and a backup.
  • Silence near deadlines: If a limitations deadline is approaching, waiting for “perfect” records can be risky. Your attorney should discuss options to protect the claim.

Conclusion

In North Carolina, there is no fixed schedule for updates while a personal injury firm waits on medical records and bills, but your attorney must keep you reasonably informed and respond to reasonable requests for information. During the records stage, you should be able to get a clear status report (what is missing, what follow-ups were done, and what happens next) and a predictable check-in cadence. Next step: request a written status update and an agreed update schedule, and ask the firm to confirm the statute of limitations date for your claim.

Talk to a Personal Injury Attorney

If you’re dealing with a personal injury claim that feels stalled while medical records and bills are pending, our firm has experienced attorneys who can help you understand what should be happening behind the scenes and what timelines to expect. Call [CONTACT NUMBER] to discuss your situation.

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.

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