Short Answer

In North Carolina, you can recover for an accident that aggravates a preexisting concussion if you prove the crash proximately made your condition worse. You recover only for the added harm, not the underlying condition. Expect the insurer to request targeted prior records to establish your baseline. To settle, document your before-and-after condition, get a medical opinion linking the aggravation to the crash, present amounts paid or owed for related care, address liens, and watch the three-year lawsuit deadline.

Understanding the Problem

You want to settle a North Carolina personal injury claim when you already had a concussion and were in treatment before the crash. The insurer questions what is new versus an aggravation and is valuing only part of your post-accident care. The core issue is whether, and to what extent, the collision worsened your preexisting condition so you can be paid for the difference.

Apply the Law

North Carolina allows recovery when a negligent driver aggravates a preexisting condition. You must show the crash proximately caused a measurable worsening of your prior concussion and that your medical care and losses relate to that added harm. The claim usually resolves directly with the auto insurer; if not, you file a civil lawsuit with the Clerk of Superior Court in the county where the crash occurred or the defendant resides. Most personal injury lawsuits have a three-year statute of limitations from the date of the crash.

Key Requirements

• Prove negligence and causation: Show the other driver was at fault and the collision proximately aggravated your prior concussion.
• Establish your baseline: Provide reasonable, condition-related prior records to show symptoms, diagnoses, and limitations before the crash.
• Show the change: Use post-crash records and clear timelines to demonstrate new or worsened symptoms, increased treatment, or functional decline.
• Tie bills to the aggravation: Present related medical charges and focus on amounts actually paid or owed for crash-aggravated care.
• Address liens before disbursement: Identify and resolve medical provider liens so settlement funds can be disbursed cleanly.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for personal injury) - Most injury lawsuits must be filed within three years of the crash.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Health care providers may claim a lien on settlement funds for treatment related to the injury.
• N.C. Gen. Stat. § 44-50 (Payment of liens; cap) - Provider liens are paid from settlement, with caps that limit how much can go to providers.

Analysis

Apply the Rule to the Facts: Here, the insurer is challenging what portion of your concussion symptoms and treatment is new versus preexisting. Provide focused pre-crash records for the same condition (for example, the year before the crash) to establish your baseline, then chart the post-crash worsening. Ask your treating provider to state that the collision more likely than not aggravated your prior concussion and to identify the added care caused by that aggravation. Use that opinion to connect related bills and reasonable lost time to the crash.

Process & Timing

1. Who files: You or your attorney. Where: Pre-suit, submit to the at-fault driver’s insurer; if suit is needed, file with the Clerk of Superior Court in the proper North Carolina county. What: A pre-suit demand package (medical chronology, targeted prior records, post-crash records, treating provider opinion, billing summary); if filing suit, a civil complaint and AOC-CV-100 Civil Summons. When: Send the demand after you have a stable picture of your condition or your provider can project future care; file suit before the three-year deadline.
2. Insurer evaluation and negotiation: expect 30–90 days after a complete demand. Respond to reasonable, condition-related record requests and push back on overbroad requests.
3. Finalize: agree on apportionment for the aggravation, sign a release limited to this accident, resolve medical liens, and receive the settlement check through your attorney’s trust account.

Exceptions & Pitfalls

• Overbroad record requests: provide condition-related records for a reasonable period (often 1–3 years pre-crash) rather than full-life histories.
• Gaps in treatment: explain missed appointments or delays so the insurer cannot argue you fully recovered.
• Contributory negligence: statements that suggest partial fault can defeat recovery in North Carolina; keep communications careful and focused.
• Unclear medical opinions: ask your provider to separate preexisting symptoms from post-crash worsening and to state causation clearly.
• Liens and subrogation: identify provider liens early; unresolved liens can delay or reduce your net recovery.

Talk to a Personal Injury Attorney

If you’re dealing with an insurer disputing what’s new versus preexisting after a concussion, our firm has experienced attorneys who can help you organize proof, negotiate, and protect deadlines. Reach out 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.