Short Answer

Yes. In North Carolina, you can seek compensation for ongoing pain, mobility problems, and other lasting symptoms if you prove the other party’s negligence caused your injuries. You must show medical causation and document your damages. Be aware that North Carolina’s strict contributory negligence rule can bar recovery if you were also negligent, and deadlines apply.

Understanding the Problem

In North Carolina, can you recover money for continuing neck pain and walking difficulties after a shoulder-impact accident if you received care at the ER, urgent care, and a walk-in clinic? You want to know what the law requires and what steps to take to pursue a personal injury claim for these ongoing symptoms.

Apply the Law

Under North Carolina law, an injured person can recover damages for both economic losses (medical bills, lost wages) and non-economic losses (pain, suffering, loss of mobility, and loss of enjoyment of life) when another’s negligence proximately causes the harm. You must prove duty, breach, causation, and damages. North Carolina follows contributory negligence—if your own negligence contributed to the crash, recovery can be barred, subject to limited doctrines that may apply in specific situations. Personal injury lawsuits are filed in the General Court of Justice (District or Superior Court) in the county of proper venue, and a three-year statute of limitations typically applies to negligence claims. Health plans and government programs may have reimbursement rights against any settlement or judgment, which must be addressed before funds are disbursed.

Key Requirements

• Negligence by the other party: They owed you a duty and breached it (for example, unsafe driving or another careless act).
• Causation: Medical evidence connects the accident to your ongoing pain, limited range of motion, and walking issues.
• Damages: Documented losses, including medical expenses, future care needs, lost income, and pain and suffering.
• No contributory negligence: If you were also negligent, it can bar recovery in North Carolina.
• Deadline: File suit within the applicable statute of limitations for negligence (generally three years from accrual).
• Liens/subrogation handled: Resolve any health plan, Medicaid/Medicare, or State Health Plan reimbursement claims from your recovery.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for negligence) - Most personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien on third-party recoveries) - State Medicaid reimbursement from settlements/judgments.
• North Carolina Gen. Stat. § 135-48.37 (State Health Plan subrogation) - State Health Plan reimbursement rights in third-party injury cases.

Analysis

Apply the Rule to the Facts: Your ER, urgent care, and walk-in clinic records can help prove causation between the shoulder-impact accident and your continuing neck pain and walking difficulties. If the other party’s negligence caused the collision, you may recover for medical bills, ongoing treatment, and pain and suffering—so long as your own negligence did not contribute. Your private health coverage may have contractual reimbursement rights, and any Medicaid/Medicare or State Health Plan payments must be resolved from a settlement or verdict before you receive funds. A sibling’s similar treatment does not affect your damages; your claim depends on your injuries and proof.

Process & Timing

1. Who files: The injured person (plaintiff). Where: The General Court of Justice in the North Carolina county where the accident occurred or the defendant resides. What: A civil Complaint and a Civil Summons (AOC-CV-100). When: Generally file within three years of the accident for negligence claims.
2. Pre-suit claim and negotiation: Gather medical records, bills, and proof of wage loss; send a demand to the liability insurer. If the claim does not resolve, file and serve the lawsuit under Rule 4. Courts commonly order mediation in civil cases before trial. Timelines vary by county and case complexity.
3. Resolution: Settlement (with a signed release) or trial. On settlement, address all liens and subrogation claims before disbursing funds. On judgment, the court enters an order stating damages.

Exceptions & Pitfalls

• Contributory negligence can bar recovery; discuss any alleged fault with counsel early.
• Gaps in treatment, poor documentation, or inconsistent reports can undermine causation and damages.
• Do not ignore liens: Medicaid, Medicare, or State Health Plan reimbursement may be mandatory and can delay or reduce net recovery if not addressed.
• Recorded statements and social media posts can be used against you; proceed cautiously.
• Preexisting conditions do not defeat a claim, but you must separate prior issues from new or aggravated injuries.

Talk to a Personal Injury Attorney

If you’re dealing with ongoing pain and mobility issues after an accident, our firm can help you understand your options, deadlines, and how to document your claim. Call us today to discuss your case.

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.