Short Answer

In North Carolina, once you sign a full and final settlement release for a personal injury claim, you usually cannot get more money later if your medical bills increase. You may seek more only if the release didn’t resolve all claims, the insurer agrees to a supplemental payment, or a narrow legal ground applies (for example, fraud or mutual mistake). If you have not signed a release, you can still claim ongoing or future medical costs within the legal deadline.

Understanding the Problem

You’re asking whether, under North Carolina personal injury law, you can obtain additional compensation if your medical expenses turn out higher than expected. Here, the insurer has already paid medical payments coverage and offered a bodily injury settlement, and you’ve told your attorney the minimum net settlement you’d accept. The decision point is whether you have signed, or will sign, a release that closes your bodily injury claim.

Apply the Law

North Carolina law allows you to recover all reasonably necessary medical expenses caused by someone else’s negligence. But settlements are contracts: once a written settlement agreement or general release is signed, it is typically final. If no release is signed, your claim remains open and you may seek additional damages, including future medicals, up to trial or resolution, subject to the filing deadline. Medical provider liens can affect your net recovery and must be addressed before funds are disbursed. If underinsured motorist (UIM) coverage may apply, you must follow consent-to-settle rules before signing any release of the at-fault driver.

Key Requirements

• No signed general release: If you have not signed a full and final release, you can still claim additional medical expenses and other damages before the deadline.
• Signed release is usually final: A written, signed settlement or broad release normally ends your right to more money; reopening requires rare grounds like fraud or mutual mistake, or an agreement that expressly preserves future medicals.
• Medical liens and net recovery: Health care provider liens attach to personal injury recoveries and are paid from settlement proceeds, with statutory limits that can protect part of your net after attorney’s fees.
• UIM consent before release: If your losses may exceed the at‑fault driver’s limits, get your UIM insurer’s written consent before signing any release to preserve UIM benefits.
• Forum and deadline: If negotiations fail, you file a civil lawsuit in the county where the defendant resides or where the crash happened; most personal injury claims must be filed within three years of the incident.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Time limits for personal injury) - Most negligence claims must be filed within three years.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows providers to assert liens on personal injury recoveries if notice and records are provided.
• North Carolina Gen. Stat. § 44-50 (Payment of liens; caps) - Governs how liens are paid and caps the total medical lien share of a recovery after attorney’s fees.
• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage) - Addresses UIM consent-to-settle and the insurer’s subrogation/tender rights.

Analysis

Apply the Rule to the Facts: Because the insurer already paid medical payments coverage and offered a bodily injury settlement, your ability to get more depends on whether you have signed a full and final release. If not, you can continue treating and include new medical expenses in negotiations or litigation before the statute of limitations. If you already signed a broad release, additional payment is unlikely unless the release preserved future medicals or a narrow contract law exception applies.

Process & Timing

1. Who files: Injured person (plaintiff). Where: Civil Division of the county where the defendant lives or where the crash occurred in North Carolina. What: Civil Summons (AOC-CV-100) and a Complaint stating your claims and damages. When: File before the three-year statute of limitations expires.
2. Negotiate and exchange records; address medical provider liens early. If UIM may apply, request your UIM carrier’s written consent before signing any liability release; mediation is common during this phase.
3. Resolve by signed settlement and release (with lien payments) or proceed to trial for a judgment.

Exceptions & Pitfalls

• After a general release, seeking more money is generally barred unless the release is voided for fraud, duress, or mutual mistake, or it expressly preserves future medicals.
• Do not sign a liability release before your UIM insurer gives written consent if underinsured benefits might be needed; signing without consent can forfeit UIM.
• Medical provider liens must be honored and can reduce your net; however, lien caps and negotiation may improve your net recovery—coordinate this before settlement disbursement.
• Verbal promises to “reopen later” are not reliable; settlements must be in writing and signed to be enforceable, and a signed general release usually closes the claim.

Talk to a Personal Injury Attorney

If you're dealing with a bodily injury claim and rising medical bills, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.