Short Answer

In North Carolina personal injury cases, we typically request your treatment records after you finish care so we receive your final diagnosis, discharge notes, and complete bills in one set. This prevents gaps and duplicate copy fees. If treatment runs long, symptoms change, or a legal deadline approaches, we may order interim records earlier. We will need your signed HIPAA authorization before we can request anything.

Understanding the Problem

You want to know when our North Carolina personal injury team will request your medical treatment records from your provider. Here, the firm’s legal assistant handles the request, and the trigger is when treatment ends. You are currently in chiropractic care after a car crash. This page explains the timing and narrow exceptions so you know what to expect.

Apply the Law

Under North Carolina law, a patient (or the patient’s attorney with an authorization) may request copies of treatment records and itemized bills from the provider’s records department. In injury cases, it is most efficient to request records after discharge or when you reach maximum medical improvement so the file includes final impressions and charges. The main forum is the provider’s medical records department; if a lawsuit is filed and records are not produced, a subpoena may be used through the court. A three-year statute of limitations generally applies to personal injury lawsuits in North Carolina, which informs how early we may need interim records.

Key Requirements

• Signed authorization: You must sign a HIPAA-compliant release so we can request records and bills on your behalf.
• Clear scope and dates: The request should specify the facility, date range, and that we need both medical records and itemized billing.
• Timing for completeness: We usually wait until you finish treatment (or reach medical stability) so the records include final notes and all charges.
• Exceptions for urgency: If treatment is prolonged, symptoms escalate, or a court deadline nears, we may order interim records earlier.
• Copy costs and format: Providers may charge reasonable copy fees; we track delivery and follow up for missing items (like imaging reports).

What the Statutes Say

• North Carolina Gen. Stat. § 90-411 (Copies of medical records; reasonable costs) - Providers may charge reasonable fees for copies of records.
• North Carolina Gen. Stat. § 8-53 (Physician–patient privilege) - Protects medical information, with processes to obtain records for legal matters.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation for personal injury) - General three-year deadline to file a personal injury lawsuit.

Analysis

Apply the Rule to the Facts: You are still in chiropractic care after a motor vehicle crash and may need additional sessions for recurring headaches. Because treatment is ongoing, we plan to request your records and itemized bills once your chiropractor discharges you so we capture all notes and final charges at once. If your care extends many months or a filing deadline approaches, we will request interim records to monitor progress and keep the claim on track. Your signed authorization lets our legal assistant submit the request promptly.

Process & Timing

1. Who files: Our legal assistant. Where: Your provider’s medical records department. What: A HIPAA-compliant authorization plus a written request for your medical records and itemized billing for the accident-related dates of service. When: After you finish treatment or earlier if treatment is prolonged or a legal deadline is approaching.
2. Provider processes the request and produces records; timeframes vary by provider. We follow up if nothing arrives within a reasonable window and request any missing items (for example, imaging reports or itemized bills).
3. We review the file for completeness and consistency, then use it to document your injury claim or, if needed, prepare for litigation.

Exceptions & Pitfalls

• Ongoing care can make early requests necessary; otherwise, waiting too long could risk brushing up against filing deadlines.
• Incomplete or unsigned authorizations cause provider rejections; ensure your name, DOB, dates of service, and facility are correct.
• Not asking for itemized bills leads to missing charge details; request both medical records and itemized billing.
• Multiple partial requests can trigger duplicate copy fees; consolidating near discharge avoids extra costs.
• Some providers require their own release form or use a records vendor portal; we comply with their process to prevent delays.

Talk to a Personal Injury Attorney

If you’re dealing with accident-related medical treatment and wondering when records will be requested, our firm has experienced attorneys who can help you understand your options and timelines. 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.