Short Answer

In North Carolina, the safest time to send a settlement demand is after you reach maximum medical improvement (MMI) or your provider formally discharges you. At that point, your records should reflect a stable diagnosis, completed treatment, and any future care your provider recommends. Stopping early or creating gaps in care can reduce the value of your claim. Keep the three-year lawsuit deadline in mind if negotiations stall.

Understanding the Problem

The question is narrow: in North Carolina personal injury cases, when can you stop treatment and ask your lawyer to send a settlement demand without harming your claim? You are still seeing a chiropractor, so the decision point is whether to continue care or transition to settlement. The timing matters because insurers judge injury claims based on medical proof and consistency of care, and your goal is to maximize credibility and document all losses.

Apply the Law

Under North Carolina law, settlement talks usually happen after your medical condition stabilizes. The practical benchmark is MMI (when you have recovered as much as expected) or a formal discharge from your provider. Claims are commonly negotiated with the at-fault party’s insurer; if settlement fails, a lawsuit is filed in the county’s state court (Clerk of Superior Court) within the applicable statute of limitations. Your file should include final bills, treatment records, and any provider recommendations for future care to support both past and future damages.

Key Requirements

• Reach MMI or get a discharge: Your treating provider confirms you are healed or as stable as you are likely to get.
• Consistent treatment: Follow the plan without unexplained gaps; missed visits can undermine causation and the seriousness of injury.
• Complete documentation: Final medical records, itemized bills, and a clear diagnosis and prognosis are in hand.
• Future care noted: If more care is anticipated, your provider states what and for how long.
• Wage loss proof ready: A completed wage/lost time form and employer verification support any lost income claim.
• Liens and balances identified: Know what must be repaid from settlement (medical provider liens, health plan/Medicare/Medicaid).
• Watch the filing deadline: Be prepared to file suit before the statute of limitations if negotiations stall.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Statute of limitations) - Most negligence-based personal injury claims must be filed within three years of the injury.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows certain medical providers a lien on personal injury recoveries for unpaid charges.
• North Carolina Gen. Stat. § 44-50 (Enforcement and limits) - Governs enforcement and limits of provider liens against settlement funds.

Analysis

Apply the Rule to the Facts: You are still in chiropractic care, so it is generally best to continue until your chiropractor discharges you or confirms you have reached MMI. Once discharged, your attorney can assemble final records, bills, and the provider’s prognosis, and include your completed wage form. If your provider recommends a referral or additional imaging, do not stop early—insurers view unfinished care as incomplete proof. Keep the three-year filing deadline in view while negotiating.

Process & Timing

1. Who files: You (through your attorney). Where: Pre-suit, to the liability insurer’s adjuster; if suit is needed, with the Clerk of Superior Court in the appropriate North Carolina county. What: Pre-suit demand package (final records, itemized bills, photos, wage form); if filing, a civil Complaint and AOC-CV-100 Civil Summons. When: After MMI/discharge and once all bills/records are received; file any lawsuit no later than three years from the accident.
2. The insurer typically reviews a complete demand in about 30–45 days, though timing varies by adjuster and county practices. Your attorney and the adjuster may exchange offers and requests for clarification.
3. If settlement is reached, you sign a release and settlement documents; funds are disbursed after resolving liens and balances. If not, your attorney files suit before the deadline to preserve your claim.

Exceptions & Pitfalls

• If your provider recommends a referral, imaging, injections, or a short trial of continued care, stopping now can undercut proof of ongoing injury.
• Unexplained treatment gaps, missed appointments, or self-discharging early are often used to argue your injuries were minor or unrelated.
• Not collecting final itemized bills and records delays settlement and can leave out recoverable damages.
• Failing to identify medical liens or reimbursement claims can disrupt disbursement and reduce your net recovery.
• Waiting too long—remember the statute of limitations; if talks slow, discuss filing to protect your rights.

Talk to a Personal Injury Attorney

If you’re deciding when to end treatment and send a settlement demand, our firm can help you time it right and prepare a strong demand package. Reach out today at (919) 341-7055 to discuss your options and timelines.

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.