Understanding the Problem

If you are pursuing a North Carolina personal injury claim after a motor-vehicle crash and you are recovering from major knee surgery, you may be asking: can you include related out-of-pocket costs (like travel to and from medical appointments) in your demand, even though they are not “medical bills”?

Apply the Law

Under North Carolina law, the purpose of compensatory damages in an injury case is to repay the losses you can tie to the crash. In practice, that usually means a demand can include (1) economic losses (the dollars you spent or will likely spend) and (2) non-economic losses (the human impact, like pain and suffering). Travel to treatment is commonly treated as an economic, out-of-pocket loss when it is reasonable, necessary, and connected to the injury.

Key Requirements

• Crash-related and medically connected: The expense should exist because of the injury and the treatment plan (for example, trips to physical therapy after knee surgery).
• Reasonable and necessary: The amount and type of expense should make sense for the situation (for example, ordinary mileage or parking rather than luxury transportation without a medical reason).
• Documented: You should be able to prove the expense with receipts, logs, invoices, or employer records.
• Not double-counted: The same loss should not be claimed twice under different labels (for example, claiming the same ride-share cost as both “medical” and “travel”).
• Future items supported by evidence: If you claim future costs (future therapy travel, future care needs), you need a solid basis such as medical recommendations and a clear method for calculating the expense.

What the Statutes Say

• N.C. Gen. Stat. § 24-5 (Interest on judgments) - In many non-contract civil cases, compensatory damages in a judgment can bear interest from when the action is filed, which can affect case value if a lawsuit is filed and the case goes to judgment.
• N.C. Gen. Stat. § 6-21.1 (Attorneys’ fees as costs in certain cases) - In limited personal injury/property damage cases (with specific findings and thresholds), a judge may award attorneys’ fees as part of costs.
• N.C. Gen. Stat. § 1-540.2 (Property damage settlement not an admission; bodily injury claim preserved) - Settling vehicle property damage generally does not, by itself, settle or waive a separate bodily injury claim unless the written settlement says it does.

Analysis

Apply the Rule to the Facts: Because you are recovering from major knee surgery after a motor-vehicle crash, you will likely have repeated follow-up visits and rehabilitation appointments. If you can show that your travel (mileage, parking, tolls, or necessary ride costs) was for crash-related treatment and the amounts are reasonable, those expenses are commonly appropriate to include in a demand along with your medical bills. The stronger your documentation (appointment schedule plus a mileage log/receipts), the easier it is to justify including these items.

Process & Timing

1. Who prepares it: The injured person (often through an attorney). Where: Sent to the at-fault driver’s insurance adjuster (and sometimes your own insurer if applicable). What: A written demand letter with a damages summary and attachments (medical records/bills, wage proof, and an out-of-pocket expense spreadsheet with receipts and a mileage log). When: Commonly after you have enough medical information to value the claim (often after major treatment stabilizes), but you should not wait so long that you risk running into the lawsuit filing deadline.
2. Document and total the “extras”: Create a simple ledger that lists the date, provider, purpose, and amount for each expense (parking, tolls, medical supplies, etc.). For mileage, keep a log showing the date, start/end location, and round-trip miles.
3. Update as treatment continues: For a knee-surgery recovery, expenses can continue for months. Send updated totals periodically so the carrier sees a clear, organized record rather than a last-minute pile of receipts.

Exceptions & Pitfalls

• Unclear connection to treatment: Expenses are easier to challenge if they are not clearly tied to medical care (for example, general errands on the same trip as a doctor visit without separating the miles/costs).
• No proof: Cash payments without receipts, missing ride-share records, or “estimated” mileage without a log can lead to reductions.
• Overreaching items: Car upgrades, luxury transportation, or unusually high travel costs may be disputed unless a medical reason supports them.
• Household help and replacement services: These can be legitimate in the right case, but you should document why they were needed (injury limits) and what was actually paid or reasonably valued.
• Wage loss documentation gaps: Lost income claims often fail when there is no employer verification, pay history, or clear time-off record tied to treatment and restrictions.
• Settlement paperwork risk: Signing a broad release can wipe out remaining claims. Make sure any settlement documents match what you intend to settle.

Conclusion

In North Carolina, your personal injury demand can usually include reasonable, documented out-of-pocket losses caused by the crash—not just medical bills. That often includes travel costs to and from treatment (like mileage, parking, and tolls), along with lost income and pain and suffering. The practical key is proof: keep a clean mileage log and save receipts so you can show the expense was necessary and tied to your knee-surgery recovery. Next step: assemble a dated expense ledger with supporting documents before you send your demand.

Talk to a Personal Injury Attorney

If you're dealing with a motor-vehicle injury claim and trying to figure out what you can include in a demand beyond medical bills, an attorney can help you organize proof, avoid common pitfalls, and understand timelines that may affect your rights. 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.