Short Answer

In North Carolina, the at-fault business or its insurer usually will not pay your medical bills as you go. Use your health insurance, Medicare/Medicaid, or ask providers for a payment plan or a letter of protection while treatment continues. Medical providers can assert a lien on your eventual injury recovery, but by law all provider liens together cannot take more than 50% of your net recovery after attorney’s fees; your lawyer resolves these at settlement.

Understanding the Problem

You were hurt at a retail store in North Carolina, you have an open claim with a case number, and you hired a lawyer who sent letters of representation so the store and insurers contact your attorney—not you. Your question is simple: how can you keep getting medical care paid for now, before the claim settles or a court rules?

Apply the Law

Under North Carolina law, liability insurers typically reimburse medical expenses only after a settlement or judgment. While your case is pending, you usually rely on your own health insurance, Medicaid/Medicare, or provider arrangements. North Carolina gives doctors and hospitals a statutory lien on personal injury recoveries if they treated your accident-related injuries and provide records and an itemized bill on request. Attorney’s fees come off the top, and the total paid to all medical lienholders is capped at 50% of what remains. Medicaid, Medicare, and certain benefit plans may have separate reimbursement rights that must be protected. If a lawsuit becomes necessary, the forum is the North Carolina Superior Court, and most personal injury claims must be filed within three years of the injury.

Key Requirements

• Use existing coverage first: Health insurance, Medicaid, or Medicare can pay now; they may seek reimbursement from your recovery later.
• Medical liens arise by statute: Providers who treat the injury and furnish records and itemized bills may assert a lien against your claim.
• 50% cap after fees: After attorney’s fees, total payments to all medical lienholders cannot exceed 50% of the net recovery; providers share pro rata within that cap.
• Priority reimbursement programs: Medicaid/Medicare (and some benefit plans) require notice and repayment and may have special allocation rules.
• Letters of protection/payment plans: If uninsured or facing large balances, ask providers to hold the balance in exchange for payment from settlement; acceptance is the provider’s choice.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows liens for accident-related care and requires providers to furnish records and itemized bills on request.
• North Carolina Gen. Stat. § 44-50 (Enforcement and 50% cap) - Attorney’s fees come off the top; total medical lien payments are capped at 50% of the net recovery.
• North Carolina Gen. Stat. § 108A-57 (Medicaid third-party recovery) - Requires notice to DHHS and reimbursement to Medicaid from third-party recoveries.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - Most personal injury lawsuits must be filed within three years.

Analysis

Apply the Rule to the Facts: Because the retailer’s insurer won’t pay bills as they come in, ask each provider to bill your health plan (or Medicaid/Medicare). If you have balances, your attorney can request a letter of protection so the provider agrees to wait for payment from settlement. Your lawyer will track any medical liens and, at the end of the case, deduct fees first and then resolve valid liens within the 50% cap required by North Carolina law.

Process & Timing

1. Who files: You/your attorney. Where: No court filing is needed to get care covered; coordination happens with providers and insurers in North Carolina. What: Letters of representation to the retailer/insurer; direct providers to bill your health plan; request itemized statements; if needed, arrange a letter of protection. When: Immediately after treatment begins and throughout your care.
2. Ensure Medicaid/Medicare (if applicable) are notified of a third-party claim and that a recovery case is opened; keep all explanation of benefits and itemized bills. This typically runs in parallel while treatment continues.
3. At settlement, your attorney deducts fees, negotiates and resolves valid liens (including Medicaid/Medicare where applicable) within the 50% cap, and then disburses the remainder to you, providing a closing statement and lien releases.

Exceptions & Pitfalls

• Medicaid/Medicare and some health plans have strict notice and repayment rules; failing to address these can delay settlement or affect benefits.
• Providers are not required to accept a letter of protection; if they refuse, ask about payment plans and continue to use any available health coverage.
• Some providers prefer to bill liability insurance; in North Carolina you can ask them to bill your health plan instead to reduce balances while the claim is pending.
• Do not ignore collection notices; your attorney can often intervene, but missed communications can harm credit.
• Ask whether the property owner’s policy has “medical payments” coverage; if available, it can sometimes reimburse out-of-pocket medical costs regardless of fault.

Talk to a Personal Injury Attorney

If you’re juggling treatment and bills while a North Carolina injury claim is pending, our firm can help coordinate insurance, protect your recovery, and resolve medical liens. Call us today 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.