What should I do if I can’t get timely medical appointments after a head injury?: North Carolina

Woman looking tired next to bills

What should I do if I can’t get timely medical appointments after a head injury? - North Carolina

Short Answer

In North Carolina, take reasonable steps to get prompt care and document every attempt. If you cannot get a quick appointment for a head injury, use urgent care or an emergency department, keep a symptom diary, and save call logs and messages. Gaps in treatment can undermine a personal injury claim, but thorough documentation shows you acted reasonably. Watch the general three-year lawsuit deadline for personal injury claims and keep your medical records organized.

Understanding the Problem

You are in North Carolina and you, the injured person, want to know what you can do when you can’t get timely medical appointments after a head injury. The single decision point is how to protect your health and your personal injury claim when access to diagnostic scans or specialists is delayed. You slipped and hit your head. The focus here is what steps you should take now to show reasonable care and preserve your claim.

Apply the Law

North Carolina law expects an injured person to act reasonably to care for their health and to mitigate further harm. In a personal injury claim, you must also prove that the incident caused your injury and that you made good-faith efforts to get appropriate treatment. Courts and insurers look at the timing of care, the continuity of treatment, and your documentation. The main forum for a personal injury lawsuit is the civil Division of the Superior Court or District Court in the county where the incident occurred or where a defendant lives, and the general deadline to file such a lawsuit is three years from the date of injury.

Key Requirements

  • Prompt, reasonable care: Seek evaluation quickly; if appointments are unavailable, use urgent care or an emergency department for head injury symptoms.
  • Documentation: Keep a symptom diary and save proof of calls, emails, referrals, and scheduling attempts.
  • Continuity: Arrange follow-up care and recommended scans as soon as possible to avoid unexplained gaps in treatment.
  • Records access: Request your medical records and imaging orders so you can schedule elsewhere if needed.
  • Payment path: Be aware that North Carolina allows certain healthcare provider liens on personal injury recoveries, which can facilitate treatment and later payment from a settlement.
  • Deadline awareness: The general time limit to file a North Carolina personal injury lawsuit is three years from the injury date.

What the Statutes Say

Analysis

Apply the Rule to the Facts: You slipped and hit your head and now have ongoing head pain but face long waitlists. Acting reasonably means seeking prompt evaluation through urgent care or an emergency department if you cannot get a fast specialist slot, while you continue calling alternative providers. Keep a symptom diary, save referral notes, and keep a log of calls and portals messages; this supports causation and shows diligent mitigation. Request copies of your records so you can schedule scans at different locations, and track the general three-year filing deadline.

Process & Timing

  1. Who files: You or your attorney. Where: First, open a claim with the property owner’s liability insurer; if suit is needed, file a civil Complaint in the appropriate North Carolina Superior Court or District Court. What: No official claim form is required to notify an insurer; for a lawsuit, file a Complaint and Summons via the Clerk of Superior Court. When: Seek medical evaluation immediately; the general deadline to file a personal injury lawsuit is three years from the date of injury.
  2. While treating, gather and organize medical records, imaging, and billing; continue contacting multiple providers and document all scheduling attempts. Insurers typically review records within weeks once received, but timing varies.
  3. If the claim does not resolve and the deadline approaches, file suit before the three-year limit to preserve your rights. Expect issuance of a Summons and formal service on the defendant.

Exceptions & Pitfalls

  • Claims involving government entities may follow different procedures and forums; confirm the proper venue and any special requirements early.
  • Unexplained gaps in treatment or missed follow-ups can weaken causation; keep appointments or document why you could not be seen and what you did instead.
  • If symptoms worsen (e.g., severe headache, confusion, vomiting, weakness), go to an emergency department; waiting for a routine slot can be used against your mitigation efforts.
  • Ask providers about lien-based billing if you lack immediate funds; make sure any lien or assignment complies with North Carolina law.
  • Request your medical records promptly to avoid delays in referrals and imaging; keep copies for the insurer and your attorney.

Conclusion

In North Carolina, you must act reasonably to protect your health and your claim after a head injury. If you cannot get a timely appointment, seek urgent evaluation, document every scheduling effort and symptom, and keep your records. Watch the general three-year limit to file a personal injury lawsuit. Next step: document your care attempts today and, if you plan to pursue a claim, send notice to the property owner’s insurer and calendar the three-year filing deadline.

Talk to a Personal Injury Attorney

If you’re dealing with delayed medical appointments after a head injury, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call us at (919) 341-7055 or email intake@piercelaw.com.

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.

Categories: 
close-link