Short Answer

In North Carolina, you can settle a personal injury claim at any time, but once you sign a release you cannot recover more later—even if you need additional treatment. Insurers value claims based on documented, completed care; ongoing treatment often leads to a lower offer unless a provider supports future medical needs and costs. Any settlement must also account for outstanding medical bills and statutory liens before you receive your net.

Understanding the Problem

You want to know whether settling now, while you are still receiving chiropractic care, will limit what you can recover in a North Carolina personal injury claim. The key decision is whether to resolve your claim before treatment ends and your provider clears you. You are still treating with a chiropractor. This timing affects how the insurer values your damages and whether the settlement will fairly cover your medical bills, future care, and lost income.

Apply the Law

Under North Carolina law, an injury claimant must prove liability, causation, and damages. Medical expenses are recoverable only to the extent they are reasonable, necessary, and caused by the incident. Evidence at trial is limited to amounts actually paid to satisfy medical bills and amounts still owed, and providers may assert statutory liens that must be paid from settlement funds. Settlement releases are final; once signed, you cannot reopen the claim for newly discovered injuries or added treatment.

Key Requirements

• Liability and causation: You must show the other party was at fault and that the crash caused your injuries and treatment.
• Reasonable, necessary medical care: Bills and records should document treatment tied to the crash; ongoing care is valued based on past payments and amounts owed.
• Proof of losses: Submit itemized medical bills, records, and wage verification to support medical expenses and lost income.
• Future medicals: If settling before treatment ends, obtain a provider opinion on future care and estimated costs to include in the claim.
• Liens and payoff: Health care providers may have liens that must be paid from the settlement, with a statutory cap on the total provider share.
• Finality of release: After you sign, you cannot recover additional money for later-discovered bills or treatment.

What the Statutes Say

• North Carolina Rule of Evidence 414 (Amounts actually paid/owed) - Limits proof of medical expenses to amounts paid and amounts necessary to satisfy outstanding bills.
• N.C. Gen. Stat. § 8-58.1 (Proof of medical expenses) - Allows itemized medical bills to evidence reasonableness and necessity when properly supported.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Permits providers who furnish records to assert liens on injury recoveries.
• N.C. Gen. Stat. § 44-50 (Distribution; lien cap) - Requires lien payment from settlement and caps total provider liens at one-half of the recovery after attorney’s fees.

Analysis

Apply the Rule to the Facts: Because you are still in chiropractic care, an insurer will likely base an offer on bills paid to date and amounts currently owed, not on treatment you might need later. If you settle now and sign a release, you cannot seek more if your symptoms persist or a doctor later recommends additional care. Using the wage form to document missed work strengthens the lost-income portion, but it does not fix the risk of undervaluing unfinished medical treatment.

Process & Timing

1. Who files: The injured person (often through an attorney). Where: Submit a settlement demand to the at-fault party’s insurer; if unresolved, file a civil Complaint with the Clerk of Superior Court in the appropriate county. What: A written demand with medical records, itemized bills, and an employer wage verification; court filings include a Complaint and civil summons. When: Typically after you reach maximum medical improvement or your provider gives a written opinion on future care and costs; suit must be filed within the general statute of limitations for negligence (often three years from the injury).
2. The insurer reviews records, may request clarifications, and negotiates; this review often takes 30–60 days after receiving complete documentation.
3. On agreement, you sign a release; settlement funds are disbursed after paying attorney’s fees, case costs, and any valid medical liens, with the lien cap applied by statute.

Exceptions & Pitfalls

• Settling before your provider declares you at maximum medical improvement can undervalue future treatment unless you include a clear medical opinion and cost estimate.
• Releases are final; once signed, you cannot reopen the claim if new symptoms or bills appear.
• Unpaid medical bills and statutory liens must be satisfied from settlement proceeds; failing to address them can delay payment or reduce your net recovery.
• Different deadlines and procedures may apply to claims against government entities or for wrongful death; confirm your timeline before negotiating.
• Gaps in treatment or missed appointments weaken causation and “necessity” arguments; keep consistent care and save all records.

Talk to a Personal Injury Attorney

If you’re considering settling while treatment is ongoing, our firm has experienced attorneys who can help you weigh timing, liens, and proof of future medicals. Reach out today. Call (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.