Short Answer

Yes. In North Carolina, your personal injury claim can move forward while you are still treating. Your lawyer can keep investigating, gathering records, and negotiating, and can file a lawsuit before the deadline even if your medical care is ongoing. The main tradeoff is that settling too early can be risky because the full extent of your injuries and future treatment may not be clear yet.

Understanding the Problem

If you’re pursuing a North Carolina personal injury claim and you are still receiving medical treatment, you may wonder whether your attorney can keep the case moving forward even though you have not finished care. In your situation, one key fact is that your law firm asked you to provide a treatment update by phone or text so they can confirm where things stand.

Apply the Law

Under North Carolina law, a personal injury case generally does not have to “wait” until you finish treatment. A claim can be investigated and negotiated during treatment, and a lawsuit can be filed to protect the statute of limitations even if your medical condition is still evolving. The main forum for a filed lawsuit is the North Carolina General Court of Justice (District Court or Superior Court, depending on the case), and the key timing issue is making sure the case is filed before the applicable limitations period expires.

Key Requirements

• Meet the filing deadline (statute of limitations): Many injury claims must be filed within a set time after the injury becomes apparent or should reasonably have become apparent, and missing that deadline can end the case.
• Start the case properly: A civil action is typically started by filing a complaint with the court (or, in limited situations, by issuing a summons with permission to file the complaint shortly after).
• Serve the defendant correctly and on time: After filing, the defendant must be served with the summons and complaint within the time allowed, or the case can be discontinued as to an unserved defendant.
• Document medical treatment and causation: Ongoing treatment still needs to be tied to the incident through records, provider notes, and consistent reporting of symptoms.
• Prove damages with evidence: Even if treatment is ongoing, you can still gather proof of medical bills, missed work, and how the injury affects daily life; final numbers may change as treatment continues.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years; includes many personal injury claims) - Sets a three-year limitations period for many claims, including many “injury to the person” cases.
• N.C. Gen. Stat. § 1A-1, Rule 3 (Commencement of action) - Explains how a civil lawsuit is started in North Carolina (typically by filing a complaint).
• N.C. Gen. Stat. § 1A-1, Rule 4 (Process; service timing) - Sets rules for issuing and serving a summons and complaint, including time limits for service and how to extend service if needed.

Analysis

Apply the Rule to the Facts: Because you are still treating, your case can still move forward through investigation, evidence collection, and (when appropriate) negotiation. Your firm’s request for a treatment update by phone or text is a practical step to confirm what care is ongoing, what records need to be requested, and whether it is too early to value the claim for settlement. Even if you are not finished treating, your attorney can still track the statute of limitations and file suit in time if negotiations are not ready or the deadline is approaching.

Process & Timing

1. Who files: The injured person (plaintiff), usually through an attorney. Where: The Clerk of Superior Court in the county where venue is proper (often where the incident happened or where a defendant resides). What: A civil complaint (and summons issued by the clerk). When: Before the applicable statute of limitations expires (often three years for many personal injury claims).
2. Service of process: After filing, the summons and complaint must be served on the defendant. North Carolina rules generally require personal or substituted personal service within 60 days after the summons is issued, with options to extend the summons (“endorsement” or alias/pluries summons) if service is not completed in time.
3. Case continues while treatment continues: The parties can exchange information (including medical records), take depositions, and evaluate settlement while you keep treating. If the case does not settle, it proceeds toward mediation, motions, and potentially trial.

Exceptions & Pitfalls

• Settling too early: If you settle before your condition stabilizes, you may lock in a settlement without accounting for later treatment, complications, or lasting limitations.
• Gaps in treatment and incomplete records: Long gaps, missed appointments, or not following medical advice can make it harder to prove the injury was caused by the incident and that the treatment was necessary.
• Missing deadlines while “waiting to finish treatment”: Waiting for treatment to end does not pause the statute of limitations. If the deadline is close, filing suit may be necessary even if you are still treating.
• Service problems: Filing on time is not the only issue; failing to serve the defendant properly and keep the summons “alive” can create serious procedural problems.

Conclusion

Yes—your North Carolina personal injury case can move forward while you are still treating. Your attorney can keep building the evidence, requesting medical records, and negotiating, and can file a lawsuit to protect your rights even if your care is ongoing. The key legal threshold is the statute of limitations (often three years for many injury claims), and a practical next step is to provide your treatment status update so your lawyer can plan the timeline and, if needed, file the complaint before the deadline.

Talk to a Personal Injury Attorney

If you’re dealing with an injury claim and you’re still in treatment, an attorney can help you understand how to keep the case moving while also protecting you from settling too soon or missing a deadline. Our firm has experienced attorneys who can help you understand your options and timelines. Call {{CONTACT NUMBER}} to talk about next steps.

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.