Short Answer

In North Carolina, a person injured in a car accident can usually seek compensatory damages for medical care (including EMS and a hospital stay), out-of-pocket costs, lost income, and non-economic harms like pain and suffering. If the other driver’s conduct was especially dangerous (for example, willful or wanton), punitive damages may also be available, but they have special proof rules and limits. Your recovery can be reduced or even barred if the defense proves you were also negligent, because North Carolina follows a strict contributory negligence rule.

Understanding the Problem

If you were hurt in a North Carolina car wreck and lost consciousness, you may be asking what money damages you can claim from the at-fault driver to cover emergency transport, a hospital stay, and the effects of the injury.

Apply the Law

Most car-accident injury claims in North Carolina are handled as negligence claims in North Carolina state civil court (typically in the county where the crash happened or where the defendant lives). The core idea is that the at-fault driver must pay damages that were caused by the crash. In practice, damages are often grouped into (1) economic losses (bills and lost income) and (2) non-economic losses (pain, suffering, and life impact). In more extreme cases, punitive damages may be available to punish and deter particularly egregious conduct.

Key Requirements

• Fault (negligence): You must show the other driver breached a duty of reasonable care (for example, unsafe driving) and that breach caused the crash.
• Causation of injuries: You must connect the collision to the injuries you are claiming, not just show that you received treatment.
• Reasonable and necessary medical care: You can seek the reasonable value of medical services tied to the crash, including EMS, ER care, imaging, stitches, hospitalization, follow-up care, and therapy.
• Documented financial losses: Lost wages and other out-of-pocket costs generally require proof (pay records, receipts, mileage logs, etc.).
• Non-economic harm: You can seek compensation for pain, suffering, and the day-to-day impact of the injury, supported by medical records and consistent reporting.
• Contributory negligence defense: If the defense proves you were also negligent and that contributed to the crash, it can bar recovery under North Carolina’s rule.
• Timely filing: Most personal injury lawsuits must be filed within the applicable statute of limitations.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Provides a three-year limitations period for many personal injury claims (timing can vary by claim type and facts).
• N.C. Gen. Stat. § 8-58.1 (Medical charges evidence) - Addresses how medical bills/charges can be proven and presumptions about reasonableness when properly supported.
• N.C. Gen. Stat. § 1D-15 (Punitive damages standards) - Sets the aggravating factors and proof standard (clear and convincing evidence) required for punitive damages.
• N.C. Gen. Stat. § 1D-25 (Punitive damages cap) - Limits punitive damages in most cases to three times compensatory damages or $250,000, whichever is greater.

Analysis

Apply the Rule to the Facts: Based on the facts provided, the damages picture typically includes (1) emergency medical costs (EMS transport, ER evaluation, imaging/tests, stitches, and the hospital stay), (2) follow-up care like physical therapy, and (3) non-economic harm tied to a head injury with loss of consciousness. Because you have health insurance that did not cover everything, the “medical expenses” part of the claim often focuses on what was billed, what was paid, and what you still owe, supported by itemized statements and records. The loss of consciousness and hospital admission also tend to be important facts when showing the seriousness of the injury and the need for the treatment.

Process & Timing

1. Who files: The injured person (plaintiff). Where: North Carolina state civil court (typically in the county where the wreck occurred or where the defendant resides). What: A civil complaint alleging negligence and requesting damages, supported by medical records and billing documentation. When: Often within 3 years for personal injury claims, but confirm the correct deadline for your specific facts.
2. Insurance claim phase: Before filing suit (or while a suit is pending), the claim is usually presented to the at-fault driver’s auto insurer with a demand package that includes EMS/ER/hospital records, itemized bills, proof of lost income, and a clear explanation of symptoms and limitations.
3. Resolution: The case may resolve by settlement or proceed through discovery and trial, where you must prove fault, causation, and damages with documents and (often) medical testimony depending on the issues disputed.

Exceptions & Pitfalls

• Contributory negligence: North Carolina’s contributory negligence rule can bar recovery if the defense proves you contributed to the crash (even slightly). Early fact-gathering (photos, witness info, crash report, vehicle data) matters.
• Gaps in treatment: Long gaps in care after an ER visit can give the insurer an argument that you healed quickly or that later symptoms came from something else. If symptoms persist, follow up as recommended and document changes.
• Proving medical expenses: Medical bills can be challenged as unreasonable or unrelated. Keep itemized statements, EOBs, and records showing what you paid or still owe, and make sure providers’ records accurately describe the crash history.
• Head-injury documentation: With loss of consciousness, insurers often scrutinize whether there are ongoing concussion-type symptoms (headaches, dizziness, memory issues). Report symptoms promptly and consistently so the medical record matches your experience.
• Punitive damages are not automatic: Even if you are badly hurt, punitive damages require proof of an aggravating factor (like willful or wanton conduct) and are handled separately from compensatory damages.

Conclusion

In North Carolina, if you were knocked unconscious in a car accident and needed EMS transport and a hospital stay, you can typically pursue compensatory damages for crash-related medical care (including emergency and hospital bills), out-of-pocket costs, lost income, and pain and suffering, and punitive damages may apply only in more extreme misconduct cases. The biggest legal risk is North Carolina’s contributory negligence defense, and the biggest timing issue is usually the three-year deadline to file suit. Next step: gather your EMS/ER/hospital records and itemized bills and speak with counsel well before the limitations deadline.

Talk to a Personal Injury Attorney

If you're dealing with a car-accident injury involving loss of consciousness, emergency transport, and a hospital stay, a personal injury attorney can help you understand what damages may apply, how to document them, and what deadlines could control your case. Reach out today.

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.