Short Answer

In North Carolina, you can still pursue an injury claim after only ER treatment, but you should promptly follow up with a healthcare provider and document symptoms. Gaps in care make it harder to prove your injuries and can reduce what you recover because you must take reasonable steps to get better. Notify the at-fault driver’s insurer and your own insurer, preserve evidence, and keep the three-year deadline to file suit in mind.

Understanding the Problem

You were hurt in a North Carolina car crash caused by another driver turning into your lane. You went to the ER right away but have not seen any doctor since. You want to know what you should do now to protect your health and your injury claim.

Apply the Law

North Carolina negligence law requires you to prove fault, that the crash caused your injuries, and the amount of your damages. You also have a duty to take reasonable steps to improve your condition, which includes appropriate follow-up care. Most injury lawsuits must be filed in a North Carolina civil court within three years of the crash. Claims usually start with insurance, but if there is no fair resolution, you file a complaint with the Clerk of Superior Court in the proper county.

Key Requirements

• Fault (liability): Show the other driver failed to use reasonable care (for example, turning into your lane) and caused the crash.
• Causation: Connect your symptoms and diagnoses to the collision with medical records and consistent reporting.
• Damages: Prove medical expenses and other losses with bills, records, and documentation; ER-only care makes proof harder but not impossible.
• Mitigation: Take reasonable steps to get better (follow-up appointments, therapy, medications); unreasonable gaps in care can reduce recovery.
• Deadline: File any lawsuit within three years of the crash in North Carolina civil court unless a specific exception applies.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation for personal injury) - Most injury claims must be filed within three years of the incident.
• North Carolina Rule of Evidence 414 (Medical expenses evidence) - Juries generally hear the amounts paid or needed to satisfy medical bills, not the full charges.
• North Carolina Gen. Stat. § 20-279.21 (Auto liability and UM/UIM coverage) - Sets required auto liability coverage and uninsured/underinsured motorist rules that can affect recovery.

Analysis

Apply the Rule to the Facts: You already have ER documentation linking the crash to your injuries, which helps with causation. Because you have no follow-up, insurers may argue your injuries were minor or unrelated, and that you failed to mitigate damages. Promptly seeing a doctor now, describing ongoing symptoms, and following recommendations will strengthen your claim. Since you are unemployed and did not miss work, your claim will focus on medical expenses and pain-related impacts rather than wage loss.

Process & Timing

1. Who files: You (the injured person). Where: Start by opening a claim with the at-fault driver’s insurer and, if applicable, your own UM/UIM or MedPay insurer. If settlement fails, file a lawsuit with the Clerk of Superior Court in the county where the crash occurred or where the defendant lives. What: Civil Summons (AOC-CV-100) and a Complaint stating your claims; the summons form is available on the North Carolina Judicial Branch site. When: Aim to notify insurers within days or weeks; the lawsuit must be filed within three years of the crash.
2. Collect records: obtain ER records and bills; begin follow-up care; keep a symptom journal; save photos and the police report. Insurers often review within several weeks, but timing varies.
3. Resolution: if you settle, you will sign a release; if not, litigation proceeds to discovery and, potentially, trial, ending in a judgment or settlement.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you were also negligent; statements made to insurers or on social media can be used to argue shared fault.
• Gaps in treatment weaken causation and mitigation; schedule appropriate follow-up care and follow your provider’s recommendations.
• Do not sign blanket releases or recorded statements without understanding your rights; you can provide necessary information in writing.
• Preserve UM/UIM options by timely notifying your insurer and cooperating as your policy requires.

Talk to a Personal Injury Attorney

If you're dealing with a car crash injury and only received ER treatment, our firm can help you understand your options, build medical proof, and protect your deadlines. Call us today to discuss your next steps.

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.