Short Answer

In North Carolina, gathering additional medical records usually adds time on the front end—often a few weeks to a couple of months—but it can make your claim stronger by documenting causation, aggravation of prior conditions, and ongoing damages. Insurers typically need time to review new records after you reach maximum medical improvement. Always track the lawsuit deadline; most injury claims must be filed in court within three years of the accident if settlement does not occur.

Understanding the Problem

You’re asking, in North Carolina, how adding more medical records now will affect the time it takes to resolve your personal injury claim with an insurer. You are the injured claimant seeking a fair settlement. The key decision is whether to pause negotiations to collect additional records, because the insurer’s counteroffer seems low. One salient fact: your accident aggravated an existing migraine and concussion condition.

Apply the Law

Under North Carolina personal injury law, you must prove fault, medical causation, and damages. Insurers evaluate claims based on complete medical documentation, including whether the crash aggravated a preexisting condition and whether your treatment has reached maximum medical improvement (MMI). Settlement happens out of court with the insurer; if negotiations fail, you file a civil lawsuit in the county where venue is proper through the Clerk of Superior Court (District Court for lower amounts; Superior Court for higher amounts). Most negligence claims must be filed in court within three years of the accident to preserve your rights.

Key Requirements

• Causation and aggravation: Records should connect the accident to your symptoms and explain how it worsened any prior condition.
• Completeness: Include office notes, diagnostic imaging, therapy notes, itemized bills, and any physician narrative on prognosis and restrictions.
• MMI or stable condition: Claims typically settle once treatment stabilizes so future needs are clearer.
• Insurer review window: Adjusters generally need time to review new materials and may request clarifications.
• Liens and subrogation: Health care provider liens and benefit payors (Medicaid/Medicare/private plans) must be addressed before funds are disbursed, which can add time.
• Deadline to sue: If settlement does not occur, you must file suit before the limitations period runs to avoid losing the claim.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitations periods) - Most negligence claims must be filed within three years if not settled.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Allows providers to assert liens for reasonable charges on personal injury recoveries.
• N.C. Gen. Stat. § 44-50 (Distribution and lien cap) - Governs distribution of settlement funds and caps provider lien payments.

Analysis

Apply the Rule to the Facts: Because the insurer has seen only limited urgent care and neurology records, gathering complete records can better show that the crash aggravated your migraines and concussion. That supports causation and the scope of damages, which can improve negotiating leverage. Doing so will likely add time—first to collect and organize the records, then for the adjuster’s review, and finally to resolve any provider or benefit liens—but it often results in a more accurate valuation. Keep the three-year filing deadline in view so added time does not jeopardize your rights.

Process & Timing

1. Who files: You or your attorney. Where: Request records from each provider’s medical records department and bills from billing offices. What: HIPAA-compliant authorizations; request office notes, diagnostics, therapy notes, itemized bills, and a short physician narrative on aggravation and prognosis. When: Providers commonly take about 2–6 weeks to produce complete records.
2. Demand and review: Submit an updated demand package to the insurer with the new records, bills, and a concise summary. Adjuster review and one or two negotiation rounds typically add 2–6 weeks, depending on insurer workload and whether the adjuster seeks clarifications.
3. Resolve and disburse: If you settle, sign the release, then address provider liens and any health plan/Medicare/Medicaid claims. Lien resolution and payment processing can add several weeks. If no settlement is reached, file a Complaint and Civil Summons (AOC‑CV‑100) with the Clerk of Superior Court in the proper county before the limitations period expires.

Exceptions & Pitfalls

• Contributory negligence: If you are found even slightly at fault, recovery can be barred; insurers may delay or deny on this basis.
• Gaps or inconsistencies in care: Breaks in treatment or records that minimize symptoms can slow negotiations or reduce value; keep care consistent and documented.
• Missing causation language: Ask your treating provider for a brief statement connecting the crash to the aggravation of your prior condition; without it, review may stall.
• Partial records: Incomplete sets (e.g., no imaging reports or therapy notes) trigger further requests and delays.
• Lien traps: Unresolved provider or benefit liens can hold up disbursement; start lien verification early to shorten the post-settlement timeline.
• Deadline risk: Do not let ongoing record collection push you past the time limit to file suit.

Talk to a Personal Injury Attorney

If you're dealing with a low offer and need timeframes for gathering medical records and negotiating with the insurer, our firm has experienced attorneys who can help you understand your options and timelines. 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.