Short Answer

In North Carolina, the cleanest way to make sure your medical treatment and bills are included in a personal injury claim is to (1) keep treatment consistent, (2) make sure your lawyer has complete records and itemized bills from every provider, and (3) clearly connect each charge to the injury you’re claiming. If you are still treating, your claim value may not be ready to finalize because the total bills, diagnosis, and prognosis can change. Also, medical providers may have lien rights against your recovery, so accurate billing and timely documentation matter.

Understanding the Problem

If you have an ongoing North Carolina personal injury claim and you are still receiving medical care, you may be asking: “How do I make sure my current and future treatment and medical bills are counted in my claim?” In your situation, one key fact is that your law firm is asking you to confirm whether your treatment is still ongoing or has been completed.

Apply the Law

Under North Carolina law, medical expenses can be part of your personal injury damages, but you generally need proof of the charges and proof tying the treatment to the injury event. Practically, that means complete medical records (to show what was treated and why) and complete, itemized billing (to show what was charged and what was paid or is still owed). If a dispute arises about medical charges, North Carolina has rules that allow an injured person to testify about amounts paid or required to be paid, as long as the supporting records accompany the testimony. North Carolina also recognizes medical provider lien rights on personal injury recoveries, which makes it important that your lawyer has accurate bills and understands what is outstanding before settlement funds are distributed.

Key Requirements

• Complete documentation of charges: Provide itemized bills (not just “balance due” screenshots) showing dates of service, provider names, and charge amounts.
• Proof of what was paid vs. what is owed: Keep EOBs (explanations of benefits), receipts, and account ledgers so the claim reflects the correct “paid or required to be paid” amounts.
• Medical records that match the billing: Records should support that the visits and procedures on the bills actually occurred and were for the injury at issue.
• Causation link to the incident: Your claim must connect the treatment to the injury-causing event; a bill alone does not automatically prove the other side caused the need for that care.
• Reasonableness/necessity support: North Carolina law provides certain presumptions about reasonableness and necessity when proper proof is presented, but those presumptions can be challenged.
• Lien awareness and coordination: Providers and certain payors may assert lien rights against settlement proceeds, so your lawyer needs timely notice, itemized statements, and clarity on what remains unpaid.

What the Statutes Say

• N.C. Gen. Stat. § 8-58.1 (Medical charges evidence) - Allows an injured person to testify about amounts paid or required to be paid (with records) and creates rebuttable presumptions about reasonableness; it does not automatically prove the charges were caused by the defendant.
• N.C. Gen. Stat. § 44-49 (Medical provider lien; itemized statement requirement) - Creates a lien on personal injury recoveries for certain medical-related debts and requires an itemized statement/notice to the attorney to validate the lien.
• N.C. Gen. Stat. § 44-50 (Duty to retain funds; lien cap) - Requires retention of sufficient funds after notice of claims and limits medical liens (exclusive of attorney’s fees) to 50% of damages recovered.
• N.C. Gen. Stat. § 44-50.1 (Accounting of disbursements) - Requires certain certifications/accounting when lienholders are paid less than claimed and addresses confidentiality/HIPAA concerns.

Analysis

Apply the Rule to the Facts: Because you are receiving medical treatment while your personal injury claim is pending, the biggest risk is leaving out providers, missing bills, or settling before the full treatment picture is clear. Confirming whether treatment is ongoing helps your lawyer decide whether it is time to request final records and bills (often needed to value and present the claim) or whether the claim should remain open while care continues. To properly include your medical expenses, you and your lawyer need complete itemized billing and records, and you need a clear connection between the treatment and the injury event—not just a running total.

Process & Timing

1. Who gathers: You and your attorney. Where: From each medical provider’s records/billing department (and your health insurer for EOBs). What: Itemized bills, account ledgers, EOBs, and complete treatment records for the injury. When: Start now; update whenever you have a new provider, new procedure, or a discharge/final visit.
2. Confirm treatment status: If you are still treating, tell your attorney which providers you are still seeing and your next appointment date (even a general timeframe). If treatment is finished, tell your attorney your last date of treatment so they can request “final” records and billing.
3. Attorney compiles the claim file: Your attorney typically matches records to bills, checks for missing dates/providers, and confirms what is owed versus written off or paid by insurance.
4. Lien check and resolution planning: Your attorney identifies any asserted medical liens and requests the itemized statements/notice needed to evaluate them, then plans how liens will be handled before funds are disbursed.

Exceptions & Pitfalls

• Gaps in treatment: Long breaks in care can give the insurer an argument that you recovered or that something else caused later symptoms, which can reduce how much of the later treatment they will attribute to the incident.
• Missing providers or “small” bills: Urgent care, imaging centers, physical therapy, and ambulance services often bill separately. If one is missed, your demand can be incomplete and lien issues can surface late.
• Totals that don’t match reality: The amount “charged” is not always the amount “paid or required to be paid.” Keep EOBs and ledgers so your claim uses defensible numbers under North Carolina’s evidence rules.
• Causation is not automatic: Even if charges look reasonable, North Carolina law does not automatically presume the defendant caused the need for the treatment. Your records need to support the connection.
• Settling before treatment stabilizes: If you settle while still treating, you may be locking in a number before you know whether you will need additional care, referrals, or follow-up testing.
• Lien surprises at the end: Providers may assert liens against settlement proceeds. If lien notices and itemized statements arrive late, it can delay disbursement and complicate settlement closing.

Conclusion

To properly include medical bills and treatment in a North Carolina personal injury claim, you need complete itemized bills and matching medical records, plus a clear connection between the treatment and the injury event. If you are still treating, your claim may not be ready to finalize because the total medical picture can change. Your next step is to promptly confirm to your attorney whether treatment is ongoing and identify all current providers so final records and bills can be requested when appropriate (including any lien documentation that must be provided within 60 days after a request).

Talk to a Personal Injury Attorney

If you’re dealing with an injury claim while treatment is ongoing, a personal injury attorney can help you gather the right records, track bills, and avoid surprises with missing charges or lien issues. If you want help organizing your medical documentation and timelines so your claim is presented clearly, reach out today at (click to call).

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.