Can I recover medical expenses for my children who were in the crash with me?: North Carolina
Can I recover medical expenses for my children who were in the crash with me? - North Carolina
Short Answer
Yes. In North Carolina, a parent can recover the reasonable and necessary medical expenses of an unemancipated minor injured in a crash. Your child also has a separate injury claim for pain, suffering, and future care. Any settlement of a child’s claim must be approved by a judge, and valid medical and government benefit liens must be resolved before money is disbursed.
Understanding the Problem
You want to know if, in North Carolina, you can recover your children’s ambulance and hospital bills from the crash, and how that interacts with health coverage, Medicare, or any assignments of benefits you signed. You were taken by ambulance to the emergency room after the collision.
Apply the Law
North Carolina treats a child’s injury claim and a parent’s claim differently. The child’s claim covers non-economic damages (like pain and suffering), permanent injury, scarring, and future medical needs. The parent’s claim covers the child’s pre‑majority medical expenses. A judge must approve any settlement of a minor’s claim, and the Clerk of Superior Court can supervise how the child’s funds are held and used. Medical providers and certain benefit programs have statutory reimbursement rights against liability settlements, subject to caps and priorities. Most injury claims must be brought within three years; a child’s claim is tolled until age 18, but the parent’s medical‑expense claim is not tolled.
Key Requirements
Parent’s right to recover: The parent may recover the child’s reasonable and necessary medical expenses caused by the crash.
Child’s separate claim: The child has a separate personal injury claim (pain and suffering, permanent injury, future care). A judge must approve any settlement of that claim.
Provider liens and caps: Hospitals and doctors can assert statutory liens on settlement funds, but their total recovery is capped at a percentage of the net (after attorney’s fees), and attorney fees have priority.
Medicaid/Medicare paybacks: If Medicaid or Medicare paid for accident-related care, those programs must be reimbursed from the settlement as required by law.
Handling a child’s funds: A judge may order a blocked/restricted account or deposit with the Clerk; disbursements are allowed only for the child’s benefit and typically require receipts or court approval.
Forum and timing: Claims are pursued in North Carolina Superior Court; approval of a minor’s settlement is by a North Carolina judge. The general deadline is three years for the parent’s claim; do not rely on the child’s tolling to protect the parent’s medical‑expense claim.
Apply the Rule to the Facts: Because your children were taken by ambulance to the ER, those bills are part of your parental claim for their necessary medical expenses, even while each child has a separate injury claim. If you signed an assignment of benefits to the hospital, your settlement still must be disbursed in line with North Carolina lien laws, which give your attorney’s fees priority and cap provider recovery. If Medicaid or Medicare paid anything, those programs must be reimbursed before any child’s funds are released.
Process & Timing
Who files: The parent files injury claims: (1) individually for the parent’s own injuries and for the children’s medical expenses; and (2) as parent/“next friend” for each child’s injury claim. Where: North Carolina Superior Court. What: Complaint (civil action) or a petition for court approval if settling without suit; minor settlements require a judge’s approval. When: Generally within three years of the crash for the parent’s medical‑expense claim; a child’s claim is tolled until age 18 plus the normal period.
After settlement, resolve all statutory liens (providers, Medicaid; confirm Medicare status) before disbursing. Your attorney pays valid lienholders from trust under the statutory priority and cap. County procedures and lien turnaround times vary.
For a child’s net recovery, obtain the judge’s order on how funds are held: a blocked account, deposit with the Clerk, or other protective arrangement. Expect restrictions on withdrawals and a requirement to document any approved expenditures for the child.
Exceptions & Pitfalls
Missing the parent’s three‑year deadline can forfeit recovery of the child’s medical bills even if the child’s own claim remains tolled.
Skipping judicial approval of a minor’s settlement risks later challenges or rejected disbursements.
Paying providers more than the statutory cap or ignoring Medicaid/Medicare paybacks can delay closing and expose you to repayment demands.
Assignments of benefits do not override statutory lien priorities; disbursements still must follow North Carolina’s lien and court‑approval rules.
Improper handling of a child’s funds (no restrictions or receipts) can trigger court intervention and delay access to funds for the child’s needs.
Conclusion
In North Carolina, you can recover your children’s reasonable and necessary medical expenses as part of your claim, while each child has a separate injury claim that requires a judge’s approval to settle. Medical provider liens and any Medicaid/Medicare reimbursement must be paid first, with provider liens capped after attorney’s fees. Next step: pursue your claims promptly and, if a child’s claim will settle, file for judicial approval and direct the child’s net funds into a court‑approved restricted arrangement.
Talk to a Personal Injury Attorney
If you're dealing with crash-related medical bills for your children and need court approval or lien resolution, 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.
