Short Answer

In North Carolina, you can stop physical therapy, but the insurance company or defendant may argue you failed to “mitigate” your damages if symptoms return or worsen. That defense can reduce the value of your claim for medical costs and pain and suffering after you stopped. It does not usually erase liability for the accident, but it can lower recovery if continued, reasonable treatment would likely have improved your condition.

Understanding the Problem

You want to know if you can stop physical therapy because you feel better, and how that choice affects your North Carolina personal injury claim. The key decision is whether stopping now will let the insurer argue you didn’t act reasonably to limit your losses. Your role is the injured person; the action is stopping therapy; the timing is when you feel improved but have not been formally discharged by your provider.

Apply the Law

North Carolina law requires injured people to act reasonably after an accident to avoid making their harm worse. This is called mitigation of damages. If you stop therapy against medical advice and later have setbacks that likely would have improved with continued care, the defense can ask a judge or jury to reduce what you recover for those avoidable harms. You must still prove that your medical treatment was caused by the accident and that the charges were reasonable and necessary. The main forum is North Carolina state trial court, and most negligence lawsuits must be filed within a general three-year deadline from the injury, though specific rules can vary by issue.

Key Requirements

• Reasonable care after injury: You must take reasonable steps to get better, which often includes following your provider’s treatment plan.
• Causation: You must show that your condition and treatment connect to the accident, not to unrelated causes or a later event.
• Reasonableness and necessity of medical bills: Recoverable medical costs must be reasonable in amount and necessary for treating accident-related injuries.
• Documentation: Medical records, discharge notes, and home-exercise instructions help prove you acted reasonably and that your recovery was genuine.
• Limitations deadline: Most injury lawsuits must be filed within a set time; missing it can bar the claim entirely.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations of actions) - sets general three-year deadlines for many negligence claims.
• North Carolina Gen. Stat. § 8-58.1 (Medical bills as evidence) - addresses how medical bills may be used to prove the reasonableness and necessity of expenses.
• North Carolina Gen. Stat. § 8C-1, Rule 414 (Evidence of medical expenses) - governs proof of past medical expenses actually paid in civil cases.

Analysis

Apply the Rule to the Facts: With no specific facts, consider two common variations. If you stop therapy without a provider’s discharge and pain flares a month later, the defense can argue a reasonable person would have continued treatment, reducing damages tied to the setback. If your provider discharges you to a home program and you stop formal sessions but keep up the exercises, your records show reasonable mitigation and support your claim’s value.

Process & Timing

1. Who files: The injured person. Where: Typically with the at-fault driver’s or property owner’s insurer first; lawsuits are filed in North Carolina state trial court (District or Superior Court). What: Insurance claim with medical records and bills; litigation begins with a civil complaint. When: Aim to coordinate treatment until your provider discharges you or sets a home plan; file any lawsuit within the general limitations period (often three years from the injury).
2. Collect and organize records: therapy notes, discharge summaries, home-exercise instructions, and any follow-up visits. This usually takes weeks to a few months, depending on provider response times.
3. Make a demand on the insurer. If unresolved, file suit in the proper county where the defendant resides or where the accident occurred and proceed through discovery toward settlement or trial.

Exceptions & Pitfalls

• Provider discharge vs. self-discharge: Stopping after a medical discharge is usually fine; stopping against medical advice invites a mitigation defense.
• Gaps in treatment: Long gaps make causation harder to prove and can lower pain-and-suffering value.
• Home program compliance: If cost or scheduling is an issue, ask for a home plan; document that you follow it.
• Preexisting conditions: Aggravations are compensable, but you still must show reasonable care and clear medical linkage to the accident.
• Contributory negligence is separate: Fault for causing the crash is different from mitigation; both can affect recovery in different ways.

Talk to a Personal Injury Attorney

If you're weighing whether to stop therapy after an accident, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call us 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.