Understanding the Problem

If you are still receiving medical care in North Carolina after an injury, you may be asking whether you can settle now or whether you must wait until treatment ends, especially since you are still going to appointments related to the claim.

Apply the Law

North Carolina personal injury claims are typically resolved by an insurance settlement or, if needed, a lawsuit filed in the county’s Superior Court. The practical issue with ongoing treatment is that a settlement almost always requires you to sign a release, and once you sign it, you generally cannot come back later and ask for more money if your symptoms worsen or you need additional care. That is why the timing of settlement often tracks your medical progress.

Separately, you must watch the legal filing deadline. In many negligence-based injury cases, North Carolina uses a three-year statute of limitations. If the deadline is approaching, a lawsuit may need to be filed even if you are still treating so you do not lose the claim.

Key Requirements

• Documented medical course: Your records need to show what treatment you received, why you received it, and how you responded.
• Clear connection to the incident: The claim is stronger when the records consistently tie the complaints and treatment to the injury event, without long unexplained gaps.
• Stabilized condition (often called “maximum medical improvement”): Settlement value is usually easier to evaluate once your provider can say you are as good as you are likely to get, or can outline future care needs.
• Complete damages picture: Ongoing treatment can mean your medical bills, work restrictions, and future care needs are still changing.
• Liens and reimbursement issues addressed: Some medical providers and payors can assert rights against settlement funds, which can affect timing and net recovery.
• Deadline protection: If negotiations drag on, you may need to file suit before the statute of limitations expires.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Provides a three-year limitations period for many personal injury claims.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Creates a lien on personal injury recoveries for certain medical-related charges, with notice and itemization requirements.
• N.C. Gen. Stat. § 108A-57 (Medicaid subrogation) - Gives the State subrogation/recovery rights for Medicaid payments related to the injury and sets procedures and timing for disputes and payment.

Analysis

Apply the Rule to the Facts: Because you are still receiving treatment related to the injury claim, the final “full picture” of your damages may not be known yet—especially if your provider has not released you or discussed future care. That uncertainty can affect both value (because future needs are unclear) and timing (because insurers often want a stable endpoint before making their best offer). At the same time, your legal team should still track the three-year filing deadline so the claim is not lost while treatment continues.

Process & Timing

1. Who files: Usually no one files anything at the start; the injured person (through counsel, if represented) makes a claim. Where: The claim is handled with the at-fault party’s insurance; if suit is needed, it is filed in North Carolina Superior Court in the proper county. What: A demand package often includes medical records/bills and proof of lost time, and it is commonly updated as treatment continues. When: Do not wait past the statute of limitations—many injury cases must be filed within three years.
2. Ongoing updates: While you treat, your lawyer typically requests periodic updates (new providers, new diagnoses, work restrictions, next appointment dates) so the claim file stays current and negotiations can begin or continue.
3. Settlement decision point: Once treatment ends or your condition stabilizes, your lawyer can usually present a more complete demand and evaluate whether a proposed settlement makes sense before you sign a release.

Exceptions & Pitfalls

• Settling too early: If you settle before your condition stabilizes, you may end up responsible for later treatment costs that were not accounted for in the settlement.
• Gaps or inconsistent care: Long, unexplained gaps in treatment can give the insurer an argument that you were not seriously hurt or that something else caused your symptoms.
• Not following medical advice: Skipping referrals, therapy, or follow-ups can be used to argue you did not take reasonable steps to improve.
• Liens and reimbursement delays: Medical provider liens and payor reimbursement claims (including Medicaid) can affect how quickly a case can be finalized and how settlement funds are distributed.
• Deadline pressure: If the insurer delays and the three-year deadline is approaching, filing suit may be necessary to preserve your rights.

If you want more background on related issues, you may find these helpful: What happens if I stop treatment early or have gaps in treatment? and What happens if the insurance company keeps delaying and won’t make a reasonable offer?.

Conclusion

Ongoing treatment can delay settlement and make case value harder to pin down because your medical needs, restrictions, and future care may still be changing. In North Carolina, many injury claims must be filed within three years, so treatment does not pause the legal deadline. A practical next step is to give your lawyer a clear treatment update (current providers, next appointments, and whether you have been released) so they can evaluate whether to wait, negotiate now, or file suit before the deadline.