Short Answer

In North Carolina, if another driver’s negligence caused your crash, you can typically seek compensation for both your financial losses (like ambulance/ER bills, imaging, stitches, therapy, and lost wages) and your non-financial losses (like pain, suffering, and the impact of scarring). You can also seek payment for future care if your doctors reasonably expect more treatment. The biggest legal risk in North Carolina is contributory negligence—if you are found even slightly at fault, it can bar recovery.

Understanding the Problem

If you were hurt in a North Carolina car wreck and you needed EMS transport to the emergency room, hospital testing, and stitches, you are usually asking a practical question: what kinds of losses can you claim from the at-fault driver (or their insurer) to make you whole. Here, one key fact is that you required EMS transport to the ER after losing consciousness.

Apply the Law

North Carolina personal injury compensation is generally built around proving negligence (fault) and then proving damages (your losses) that were caused by the crash. In a motor vehicle case, damages often include medical expenses (past and future), lost income, and non-economic harms like pain and suffering. Your claim is typically handled through an insurance claim first, but you can file a lawsuit in the North Carolina trial courts if the claim does not resolve.

A critical North Carolina rule is contributory negligence. If the other side proves you contributed to the crash, even a little, it can prevent you from recovering compensation. That makes early evidence collection (crash report, photos, witness info, medical records) especially important.

Key Requirements

• Fault (negligence): You generally must show the other driver failed to use reasonable care and that failure caused the collision.
• Causation: You must connect the head injury and related treatment (EMS, ER care, imaging, stitches, therapy) to the crash through medical records and provider opinions.
• Documented damages: You need proof of your losses, such as bills, insurance explanation-of-benefits statements, pharmacy receipts, and wage documentation.
• Non-economic impact: You may seek compensation for pain, suffering, emotional distress, and how the injury affects daily life, including any lasting scar.
• Future needs: If additional treatment is reasonably expected (follow-up visits, scar care, therapy, or monitoring for concussion symptoms), you can claim future medical costs supported by medical providers.
• No contributory negligence: If you are found even slightly at fault, recovery may be barred, so liability facts matter as much as the medical facts.
• Timely filing: If the case must be filed in court, North Carolina’s general deadline for many personal injury claims is three years from accrual, but exceptions can apply.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many civil actions, including many personal injury claims.
• N.C. Gen. Stat. § 1D-15 (Standards for recovery of punitive damages) - Allows punitive damages only in limited situations and requires proof of an aggravating factor.
• N.C. Gen. Stat. § 1D-25 (Limitation of amount of recovery) - Caps punitive damages in most cases at three times compensatory damages or $250,000, whichever is greater.
• N.C. Gen. Stat. § 1D-26 (Driving while impaired; exemption from cap) - Provides an exception to the punitive damages cap in certain impaired-driving cases.

Analysis

Apply the Rule to the Facts: Your reported head laceration/bruise with loss of consciousness, EMS transport, ER imaging/tests, stitches, a short hospital stay, and physical therapy are the kinds of medical facts that commonly support a claim for both economic damages (medical bills and related out-of-pocket costs) and non-economic damages (pain, suffering, and disruption to daily life). Because you have health insurance that does not cover everything, your documentation should separate what was billed, what was paid, and what remains your responsibility. Whether you can recover anything at all will still depend on proving the other driver’s fault and avoiding a contributory negligence finding.

Process & Timing

1. Who files: The injured person (or their attorney) usually starts with a claim. Where: With the at-fault driver’s auto insurer (and sometimes your own insurer for certain coverages). What: A demand package typically includes the crash report, medical records/bills, proof of lost income, and a summary of how the injury affected you. When: As soon as you have enough medical documentation to show what happened and what it cost, while still watching the lawsuit deadline.
2. Investigation and negotiation: The insurer reviews liability (who caused the crash) and damages (your medical treatment, time out of work, and ongoing symptoms). This stage often includes requests for records, wage verification, and questions about prior injuries.
3. If it does not resolve: A lawsuit may be filed in North Carolina trial court before the statute of limitations expires, followed by discovery (exchange of evidence), possible mediation, and then trial if needed.

Exceptions & Pitfalls

• Contributory negligence: If the insurer argues you contributed to the crash (speed, distraction, unsafe lane change), that can defeat the claim entirely under North Carolina’s rule.
• Gaps in treatment: Long breaks in care can give the insurer an argument that you healed or that something else caused later symptoms. If you are improving, document discharge instructions and follow them.
• Head injury documentation issues: With loss of consciousness, it is important that ER notes, imaging results, discharge instructions, and follow-up evaluations clearly reflect symptoms and restrictions. If symptoms continue, timely follow-up helps connect the dots.
• Scarring and photos: Stitches can leave a scar. If scarring is part of the claim, take clear photos over time and follow medical guidance; insurers often evaluate scars based on visibility and permanence.
• Recorded statements and broad authorizations: Early recorded statements or signing overly broad medical releases can create avoidable disputes. It is usually safer to provide targeted records relevant to the crash.
• Future care not supported: Claims for future therapy or follow-up need medical support. If your provider expects more care, ask that it be documented in the chart.

Conclusion

In North Carolina, compensation for a crash-related head injury that required EMS transport, hospital care, and stitches can include past and future medical expenses, lost income, and non-economic harms like pain, suffering, and the effects of scarring—so long as you can prove the other driver’s fault and avoid a contributory negligence finding. The most important next step is to gather your crash report and complete medical billing/records and evaluate filing a claim promptly, keeping the three-year deadline in mind.

Talk to a Personal Injury Attorney

If you're dealing with a head injury after a car wreck and you’re facing ambulance bills, ER charges, and ongoing treatment, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today by calling {{CONTACT NUMBER}}.

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.