Can I use chiropractic treatment records to strengthen a personal injury claim in North Carolina?
Can Chiropractic Treatment Records Strengthen My North Carolina Personal Injury Claim?
Short Answer
Yes. Well-organized chiropractic records can substantiate your injury, prove medical necessity, and increase the value of your claim—if they are complete, consistent, and tied to the crash or other traumatic event.
Detailed Answer
1. How North Carolina Law Treats Chiropractic Records
Licensed Health-Care Provider: Under N.C. Gen. Stat. § 90-151, a chiropractor is a statutorily recognized health-care provider. Their reports carry medical weight similar to a physician’s.
Business-Record Exception: Treatment notes and bills are usually admissible under N.C. R. Evid. 803(6) (business records) as long as they are kept in the ordinary course of business and properly authenticated.
Certified Medical Bills: North Carolina allows you to introduce certified medical bills and records by affidavit—without live testimony—under N.C. Gen. Stat. § 8-44.1. This saves cost and speeds trial preparation.
Opinions on Causation: A chiropractor may testify about diagnosis, treatment, and causation so long as the opinion satisfies Rule 702 (reliable methodology and sufficient qualifications).
2. What Insurance Adjusters and Juries Look For
Prompt First Visit: A gap of more than a few days after the incident can give insurers room to argue the injuries are unrelated.
Continuity of Care: Missed or sporadic appointments reduce credibility. Consistent visit frequency shows genuine need.
Clear Causation Statement: A concise narrative linking the collision to diagnosed spinal strain makes or breaks settlement value.
Reasonable Charges: Excessive or open-ended treatment plans invite challenges under the “reasonable value” test for medical expenses (§ 8-58.1).
3. Sample Scenario
Assume Jane is rear-ended at a stoplight in Durham. She visits an emergency department the same day, then begins chiropractic care within 48 hours. Her chiropractor:
Documents a whiplash diagnosis and muscle spasms.
Orders cervical X-rays showing loss of lordosis.
Creates a 12-week treatment plan with re-exams every four weeks.
Issues a narrative report stating the crash is “more likely than not” the cause of her injuries.
Because Jane’s records are consistent and well-supported, the liability insurer accepts full responsibility, and her documented medical bills—including chiropractic—become the foundation for negotiating pain-and-suffering damages.
4. Common Pitfalls—and How to Avoid Them
Pitfall
Solution
Long delay before first visit
Seek evaluation within 72 hours, even if pain seems mild.
Gaps in treatment
Reschedule missed visits quickly; document any unavoidable interruptions (illness, travel).
Over-treatment accusations
Request periodic progress notes and objective testing that justify continued care.
Insurer discounting bills
Use a § 8-44.1 affidavit to certify the reasonableness and necessity of charges.
Helpful Hints
Choose a chiropractor with trial-ready record-keeping software.
Ask for an itemized statement showing CPT codes; insurers rely on these to calculate damages.
Request a concise narrative report after the treatment plan ends. This single document often drives settlement value.
Coordinate care: if you also see a primary-care physician or physical therapist, make sure each provider knows about the other.
Keep a pain journal that mirrors your appointment dates; consistent self-reports strengthen credibility.
Avoid social-media posts that undercut your claimed limitations.
Time Limits Still Apply—Don’t Wait
North Carolina’s general statute of limitations for personal injury is three years from the date of the accident. Building a solid file of chiropractic records takes time, so start early.
Ready to Protect Your Claim?
Chiropractic records—when timely and thorough—can significantly boost the strength and value of a personal injury case in North Carolina. But insurers scrutinize every note and bill. Our firm’s attorneys have spent years persuading adjusters and juries with clear, admissible medical evidence. Call us now at 919-313-2737 for a free, no-pressure consultation and let us put our experience to work for you.
