Short Answer

In North Carolina, you can recover the cost of medically necessary treatment that was reasonably caused by your injury—even if there was a gap between providers—so long as you document why the gap happened and maintain continuity of care. Insurers often try to discount gaps, but you can counter that with provider narratives linking the phases of therapy, appointment logs, and consistent symptom tracking. If negotiations stall, you must file suit within North Carolina’s deadline.

Understanding the Problem

You’re asking: in North Carolina, can my personal injury settlement include the cost of both core physical therapy and later total body therapy when there was a break in treatment because appointments weren’t available? You want the insurer to cover the full course of care despite a change in therapists and the timing gap.

Apply the Law

North Carolina allows injury claimants to recover medical expenses that are both reasonably necessary and proximately caused by the accident. A break in treatment does not automatically defeat recovery, but insurers may argue it shows you improved or that later care isn’t related. Your goal is to show continuity: same injury, ongoing symptoms, and a medically explained reason for the gap. Negotiations typically run through the insurer; if unresolved, you can file in the appropriate North Carolina trial court. The general deadline for filing most personal injury lawsuits in North Carolina is three years from the injury.

Key Requirements

• Causation: A provider ties both phases of therapy to the accident (same injury, ongoing symptoms).
• Medical necessity: A clinician explains why the additional or different therapy was needed.
• Reasonableness of the gap: You show the gap resulted from factors like appointment unavailability or a necessary provider change.
• Continuity of care: Records, referrals, and narratives connect the first provider’s plan to the second provider’s plan.
• Documentation: Bills, treatment notes, scheduling logs, and a patient statement demonstrate consistent symptoms and diligent efforts to obtain care.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation for personal injury) - sets the general deadline to file most injury lawsuits.
• North Carolina Gen. Stat. § 8-58.1 (Medical expenses as evidence) - addresses proof that medical charges are reasonable and related to the injury.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - gives certain providers a lien against injury recoveries when proper notice is given.
• North Carolina Gen. Stat. § 44-50 (Attorney’s duty to honor liens) - governs how liened medical bills are paid from a settlement.

Analysis

Apply the Rule to the Facts: Here, the gap arose because appointments weren’t available and you changed therapists after poor results. Those reasons can be reasonable if you document them. Ask your current provider (or a supervising physician) to review your earlier records and write a brief narrative linking the initial PT to the follow-up total body therapy, noting continuous symptoms and the treatment rationale. Provide appointment logs or messages showing you tried to schedule care during the gap.

Process & Timing

1. Who files: You, through your attorney. Where: With the at-fault insurer during negotiations; if unresolved, in North Carolina District or Superior Court depending on the amount. What: A demand package with medical records, bills, a provider narrative bridging the gap, and proof of scheduling attempts; no special court form is required for pre-suit demands. When: After your follow-up therapy plan and records are in hand; file suit before the three-year deadline under state law if settlement isn’t reached.
2. Insurer review and negotiation: Expect back-and-forth over whether the gap undercuts causation or necessity. Your attorney counters with the narrative letter, symptom timeline, and appointment documentation.
3. Resolution: If settled, your attorney will address any provider liens and finalize a release; if not, they can file suit and use the same documentation to prove reasonableness and necessity.

Exceptions & Pitfalls

• Unexplained or long gaps can reduce offers. Cure this with a provider narrative, symptom diary, and proof you tried to schedule care.
• Switching therapists without telling the insurer why invites doubt. Document dissatisfaction (e.g., lack of progress) and show the new plan addresses the same injury.
• Missing records or bills weakens the claim. Request complete records from both providers, including the treatment plan and discharge notes.
• Inconsistent activity or social media posts can be used to argue you recovered during the gap. Keep your statements consistent with your medical records.
• Ignoring lien issues can delay payout. Make sure providers who gave proper lien notice are addressed under North Carolina law.

Talk to a Personal Injury Attorney

If you're dealing with a treatment gap between physical therapy providers after an injury, 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.