Short Answer

In North Carolina, you can seek compensation for medical bills (past and future), lost income and reduced earning capacity, pain and suffering, permanent impairment or scarring, and other out-of-pocket losses. Punitive damages may be available only for egregious conduct. You generally must prove the other driver was at fault and that the crash caused your neck, back, and post-concussion injuries. North Carolina’s three-year filing deadline usually applies.

Understanding the Problem

You want to know what categories of compensation North Carolina law allows after a car crash when you have neck and back pain and post-concussion symptoms. The single decision point is: what damages can you claim in a North Carolina personal injury case, assuming another driver caused the crash? You were transported by ambulance to the emergency room, which helps document injury and treatment from day one.

Apply the Law

North Carolina is a fault-based state. If another driver’s negligence caused the collision, you can claim economic damages (medical expenses, lost wages, therapy, medications, future care, and other out-of-pocket costs) and non-economic damages (pain, suffering, inconvenience, loss of enjoyment, and permanent impairment). For neck and back injuries, that often includes imaging, physical therapy, injections, or surgery; for post-concussion syndrome, it can include neurology care, vestibular or cognitive therapy, and symptom management. Punitive damages are uncommon and require willful or wanton conduct. The main forum is North Carolina state court (District or Superior Court depending on the amount sought). Most claims must be filed within three years of the crash.

Key Requirements

• Fault by the other driver: Show the driver breached a duty (speeding, inattention, unsafe turn) and caused the crash.
• Causation: Connect the collision to your neck, back, and post-concussion symptoms with medical records and provider opinions.
• Damages: Document economic losses (bills, wage loss, future care) and non-economic harms (pain, limitations, impairment).
• No contributory negligence: In North Carolina, if you were even slightly at fault, recovery can be barred unless a narrow exception applies.
• Deadline: File suit within North Carolina’s general three-year statute of limitations for injury claims.
• Coverage & sources of recovery: Identify all available insurance (at-fault liability, UM/UIM, med-pay) and any liens or reimbursement claims.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitation of actions) - Most personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 1D-25 (Punitive damages cap) - Caps punitive damages at the greater of $250,000 or three times compensatory damages.
• North Carolina Gen. Stat. § 1D-26 (DWI exception to cap) - Removes the cap when the defendant was driving while impaired and caused the injury.

Analysis

Apply the Rule to the Facts: Your ambulance transport and ER visit provide early documentation tying the collision to your neck, back, and concussion symptoms. If the other driver was at fault, you can claim medical expenses, lost income, and non-economic damages like pain and suffering and impairment. If any evidence suggests you contributed to the crash, North Carolina’s contributory negligence rule could block recovery, so evidence of the other driver’s fault is critical.

Process & Timing

1. Who files: The injured person. Where: Start with a claim to the at-fault driver’s insurer; if unresolved, file a civil complaint with the Clerk of Superior Court (District or Superior Court, depending on the amount) in the North Carolina county where the crash occurred or the defendant resides. What: Civil Complaint and Civil Summons (AOC-CV-100). When: Generally within three years of the crash.
2. Investigation and documentation: Request the crash report, gather medical records/bills, wage proof, and provider opinions; treatment and claim evaluation often take several months. Insurers may request statements and authorizations—limit them to what is necessary.
3. Resolution: Negotiate settlement; if no agreement, proceed with litigation steps (service, discovery, mediation) toward trial or settlement. The court will issue a judgment or the parties will file a dismissal after settlement.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you were even 1% at fault; preserve evidence that supports full fault on the other driver.
• Gaps in treatment or missing concussion follow-up make it harder to prove causation; keep consistent medical appointments and symptom logs.
• Health insurance, Medicare/Medicaid, and medical providers may assert liens or reimbursement; resolve them properly to avoid delays in payment.
• Underinsured motorist claims require careful notice and consent-to-settle steps; get written consent from your UIM carrier before releasing the at-fault driver.
• Evidence rules often limit proof of past medical expenses to amounts actually paid or owed; keep itemized bills and insurer explanations of benefits.
• Special timelines may apply for minors or claims against government entities; procedures and deadlines can differ.

Talk to a Personal Injury Attorney

If you’re dealing with neck, back, and post-concussion injuries after a North Carolina crash, 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.