Short Answer

In North Carolina, you can keep treating if your chiropractor says more care is medically necessary and related to the crash. Your claim should reflect all reasonable, crash-related treatment before you settle. Expect your demand to wait until you reach maximum medical improvement (MMI) or a clear treatment endpoint, unless a filing deadline requires earlier action. Keep your attorney updated so they can preserve your rights and manage bills and liens.

Understanding the Problem

North Carolina: As the injured person in a personal injury claim, can you keep seeing your chiropractor beyond the sessions originally planned, and how does that affect your claim timing and settlement if you still have recurring headaches?

Apply the Law

Under North Carolina personal injury law, ongoing medical care is acceptable if it is reasonable, necessary, and tied to the crash. Insurers and courts look for a clear link between the accident and the treatment, consistent documentation, and a medically supported endpoint such as maximum medical improvement (MMI) or a discharge plan. Most claims are negotiated with the at-fault driver’s insurer; if settlement is not reached in time, a lawsuit is filed in North Carolina state court. A key deadline applies: the general statute of limitations for personal injury is three years from the date of the accident.

Key Requirements

• Medical necessity and reasonableness: Continued chiropractic sessions should be clinically justified and consistent with your symptoms and diagnosis.
• Causation: The care must relate to the crash; providers should note this in records.
• Documentation: Keep updated records, itemized bills, and treatment plan notes (including any referrals).
• Timing: Aim to settle after MMI or a defined endpoint; file suit before the three-year deadline if needed.
• Liens and payment: Health care providers may assert liens against injury proceeds; your attorney must address valid liens before disbursing funds.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for personal injury) - sets the general deadline to file a personal injury lawsuit.
• North Carolina Gen. Stat. § 44-49 (Health care provider lien) - allows providers to claim a lien on injury proceeds for reasonable charges with proper notice.
• North Carolina Gen. Stat. § 44-50 (Payment of liens from settlement) - requires attorneys to pay valid provider liens from settlement funds.
• North Carolina Gen. Stat. § 90-411 (Medical records fees) - permits reasonable charges for copying medical records you request.

Analysis

Apply the Rule to the Facts: Because you still have recurring headaches, continued chiropractic care may be reasonable and necessary. Tell your attorney so your claim timeline reflects the additional treatment. Your legal assistant plans to request records when treatment ends; if care continues, your attorney can instead request interim records and bills to update the insurer and manage liens. If settlement is not reached and the three-year deadline approaches, your attorney can file suit to preserve your claim while you finish care.

Process & Timing

1. Who files: You (through your attorney). Where: With the at-fault insurer; if needed, in North Carolina state court in the proper county. What: Provide an updated treatment plan and HIPAA-compliant authorization so your attorney can obtain interim records and bills. When: As soon as you realize you need sessions beyond the original plan.
2. Your attorney requests updated records and itemized statements, notifies the insurer that care is ongoing, and addresses any provider lien notices. This typically happens within a few weeks, but timing varies by provider and county practice.
3. After you reach MMI or a clear endpoint, your attorney sends a settlement demand. If the statute of limitations nears before you finish care, your attorney files a lawsuit to protect the claim and continues gathering records.

Exceptions & Pitfalls

• Gaps in treatment can undermine causation; keep appointments or explain missed visits in the records.
• Unrelated or unsupported treatment may be challenged; ask your provider to document why care is needed and crash-related.
• Preexisting conditions are not a bar, but providers should note any aggravation caused by the crash.
• Failing to tell your attorney about new providers or referrals can delay records, bills, and lien handling.
• Do not wait on treatment so long that you miss the filing deadline; filing preserves your claim while you continue care.

Talk to a Personal Injury Attorney

If you’re recovering from a crash and your chiropractic care needs to continue, our firm can help you understand options, timing, and how to protect your claim. 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.