What This Question Is Really Asking
You’re asking whether missing records/bills are a “hard stop” for the claim, or whether your attorney can still negotiate and prepare the case while waiting on a provider to send the final paperwork. In most injury cases, the bigger issue is not whether the case can move forward, but whether it is smart to finalize a settlement before you know the full medical picture and the full amount of the charges that may need to be paid from the settlement.
A Practical Step-by-Step Path
- Immediate priorities: Keep a simple timeline of treatment dates, providers (generic descriptions only), and any time missed from work. Save any visit summaries, discharge instructions, and receipts you already have.
- Short-term tasks: Your attorney can usually keep the claim moving by (a) confirming you have finished treatment (or reached a stable point), (b) collecting the core records and bills already available, and (c) following up in writing for the missing items so there is a clear paper trail.
- Later-stage steps: Once the key documentation is in, your attorney can often prepare a demand package and start negotiations. If negotiations stall or deadlines approach, filing a lawsuit may be considered to preserve the claim while records continue to come in (this depends on the case and timing).
Timing: What Can Speed Things Up or Slow Things Down
- Provider delays: Medical facilities and third-party records vendors can take time, especially if the request needs a corrected authorization or a specific billing format (like an itemized statement).
- “Incomplete damages” risk: If you settle before you know all charges, you may discover later that additional bills exist—or that a provider or payer claims a right to reimbursement.
- Liens and reimbursement issues: In North Carolina, medical providers can have lien rights that attach to settlement funds in certain situations, which can affect how settlement proceeds are handled and why complete billing information matters.
- Liability disputes: If the other side disputes fault, negotiations may move slowly even if your medical file is complete.
- Local practice variability: Timelines and negotiation pace can vary by county and by the adjuster’s workload, even for similar injuries.
How This Applies
Apply to your facts: Because you’ve completed chiropractic treatment, your attorney can often begin packaging the claim using the records and bills already received and a clear treatment summary. At the same time, it is usually important to keep pressing for the remaining facility records and bills so the demand reflects the full charges and so any lien/reimbursement issues can be identified and addressed before you sign a final release.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 1-52 – provides a three-year limitations period for many personal injury claims (deadlines can vary by claim type).
- N.C. Gen. Stat. § 44-49 – creates certain medical provider lien rights tied to personal injury recoveries and includes requirements for itemized statements/notice when requested.
- N.C. Gen. Stat. § 44-50 – addresses how lien claims can attach to settlement funds and the duty to retain sufficient funds after notice of claims.
Conclusion
Your case can usually keep moving while a provider finishes sending records and bills, especially when treatment has ended and the main documentation is already in hand. The bigger decision is whether to finalize a settlement before you know the full amount of medical charges and any potential lien or reimbursement issues. One practical next step is to ask your attorney what specific records/bills are still missing and what written follow-ups are scheduled so the claim can progress without risking an early, incomplete settlement.
