Short Answer

In North Carolina, the defendant (or their insurer) does not have to send you “claim papers” before a lawsuit is filed. Your attorney typically opens the claim with the insurer and exchanges records on your behalf. If a lawsuit is filed, the Clerk of Superior Court issues a civil summons and the defendant—not you—is formally served, usually within 60 days of issuance. Follow up with your lawyer to confirm the claim is opened, what has been sent to the insurer, and whether any lawsuit or deadlines are approaching.

Understanding the Problem

In a North Carolina personal injury claim, you want to know how to follow up when you have not received “claim papers” from the defendant. You hired a lawyer. The key decision point is whether your case is still in the pre-suit insurance claim stage or has moved into a filed lawsuit; your next steps depend on that status.

Apply the Law

Under North Carolina law, there is no pre-suit requirement that a defendant or insurer send you formal “claim papers.” Pre-suit, communications typically run between your attorney and the insurance adjuster. If your attorney files a lawsuit, the Clerk of Superior Court issues a civil summons, and the plaintiff must serve the defendant by an approved Rule 4 method within a set timeframe. After valid service, the defendant has a set period to respond. The case is usually in the county where suit is filed, through the Clerk of Superior Court, Civil Division.

Key Requirements

• No pre-suit paperwork duty: Before a lawsuit, the defendant or insurer does not have to send you forms; your attorney drives the claim setup and document exchange.
• Summons and complaint after filing: If your lawyer files suit, the Clerk issues a civil summons (AOC-CV-100) and the complaint; the plaintiff serves the defendant.
• Service deadline: Service should occur within about 60 days after the summons issues; if service fails, the plaintiff must timely obtain an endorsement or an alias and pluries summons to keep the case alive.
• Approved service methods: Sheriff, personal delivery, certified mail/return receipt, designated delivery service, or publication in limited cases.
• Defendant’s response time: After valid service, the defendant generally has 30 days to answer and can seek an extension.

What the Statutes Say

• N.C. R. Civ. P. 4 (Summons; service; methods; keeping an action alive) - How summons issues, service methods, time to serve, and alias & pluries practice.
• N.C. R. Civ. P. 12(a) (Time to serve a responsive pleading) - Defendant’s usual 30-day period to answer after service.
• N.C. Gen. Stat. § 1-52 (Personal injury limitation period) - Most personal injury claims must be filed within three years.
• N.C. Gen. Stat. § 1-53 (Wrongful death limitation period) - Wrongful death actions generally must be filed within two years.

Analysis

Apply the Rule to the Facts: You retained a lawyer, you are still treating, and you plan to send medical records to your attorney. That suggests you are in the pre-suit stage, where no “claim papers” from the defendant are required. Your attorney should confirm the claim is opened with the insurer, obtain a claim number, and handle exchange of records. If your attorney decides to file suit, the Clerk will issue a summons, your lawyer will arrange service on the defendant within the Rule 4 window, and the defendant will then have about 30 days to respond.

Process & Timing

1. Who files: Your attorney (plaintiff). Where: Clerk of Superior Court, Civil Division, in the appropriate North Carolina county. What: File a Complaint and request issuance of Civil Summons (AOC-CV-100). When: File before the statute of limitations expires (often three years for personal injury; two years for wrongful death).
2. Service: After the Clerk issues the summons, your attorney serves the defendant via sheriff, certified mail/return receipt, designated delivery service, or other Rule 4 method. Aim to complete service within about 60 days; if service is not achieved, timely obtain an endorsement or alias & pluries summons every 90 days to keep the case alive.
3. Response: Once served, the defendant typically has 30 days to answer or move to dismiss; defense counsel can usually obtain a first extension from the Clerk. The court then sets the case on a civil track under local rules.

Exceptions & Pitfalls

• Insurer silence does not pause deadlines. Statutes of limitation continue to run even if the adjuster hasn’t responded.
• Once you have a lawyer, avoid direct insurer contact. Let counsel handle follow-up so you don’t risk statements being used against you.
• Service traps: wrong address, unsigned green card, or serving the wrong registered agent for a business. Your lawyer should verify Rule 4 compliance.
• Keep the action alive: if service isn’t completed within the initial window, timely endorsements or alias & pluries summons are needed.
• Special defendants (minors, incapacitated adults, or unknown parties) may require additional steps such as service on a guardian or publication.

Talk to a Personal Injury Attorney

If you’re unsure whether your claim is set up or a lawsuit should be filed, our firm can help you understand your options and timelines. Call us today to schedule a consultation.

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.