Short Answer

Yes—under North Carolina personal injury law, ongoing symptoms like migraines and neck swelling can be included in your injury claim even if they have not resolved yet, as long as your medical records support that they are related to the incident. In practice, unresolved symptoms often mean your claim is still developing because future treatment needs and the full impact of the injury may not be clear yet. You should keep treating, keep documenting symptoms, and provide every related bill and record so your claim reflects both past and reasonably expected future losses.

Understanding the Problem

If you are pursuing a North Carolina personal injury claim and you are still treating, can you include ongoing migraines and neck swelling as part of the injuries you are claiming even though they have not gone away yet, especially where you are still using muscle relaxers?

Apply the Law

In North Carolina, an injury claim generally seeks compensation for harm caused by someone else’s negligence. That can include medical expenses (past and reasonably expected future care) and non-economic harm such as pain and suffering, as long as you can show the symptoms are connected to the incident and supported by medical documentation. Ongoing symptoms are commonly addressed through continued treatment records, diagnostic workups, and provider opinions about whether the condition is improving, stable, or likely to require additional care.

Even if your symptoms have not resolved, they can still be part of the claim. The practical issue is timing: insurers often evaluate a claim more accurately once you have a clearer medical picture (sometimes after you finish a course of treatment or your provider can describe your prognosis). That said, you still must protect the legal deadline to file suit if the claim does not resolve in time.

Key Requirements

• Medical connection (causation): Your records should show that the migraines and neck swelling are linked to the incident, not an unrelated condition.
• Ongoing documentation: Consistent treatment notes, symptom reports, and follow-up visits help show the problem is real, continuing, and being addressed.
• Reasonable and necessary care: Bills and treatment should match what providers typically do for the type of injury involved (including medications like muscle relaxers when prescribed).
• Complete damages file: Your claim should include all related charges (including later-arriving hospital bills) and any recommended future care that is reasonably expected.
• Deadline awareness: If the claim does not settle, you generally must file a lawsuit within the statute of limitations to preserve your rights.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many personal injury actions (with accrual rules that can vary by case type).

Analysis

Apply the Rule to the Facts: Because you are still receiving medical treatment and you report ongoing migraines and neck swelling (with prescribed muscle relaxers), those symptoms can be included as part of the injuries claimed if your providers’ notes and records support that they are related to the incident. The additional hospital bill you received after moving can also be part of the documentation, as long as it relates to evaluation or treatment connected to the same injury event. The key is building a clean paper trail that ties the symptoms and charges to the incident and shows they are ongoing.

Process & Timing

1. Who provides documents: The injured person (or their attorney). Where: To the insurance adjuster and, if a lawsuit is filed, to the court through the litigation process in North Carolina. What: All medical bills and records tied to the injury, including later-arriving hospital bills and pharmacy records for medications like muscle relaxers. When: As soon as you receive them, so the claim file stays current.
2. Ongoing treatment phase: Continue recommended care and report symptoms consistently at visits. Over time, your providers’ notes typically show whether symptoms are improving, persisting, or requiring additional testing or referrals, which affects how the claim is evaluated.
3. Resolution phase: Once there is a clearer medical picture (often when treatment stabilizes or a provider can describe prognosis and future care needs), the claim is usually packaged and negotiated. If it cannot be resolved, a lawsuit may need to be filed before the statute of limitations expires.

Exceptions & Pitfalls

• Gaps in treatment: Long breaks in care can give an insurer an argument that the condition resolved or is unrelated. If you must pause care (moving, scheduling delays), document why and resume as soon as you can.
• Incomplete symptom reporting: If migraines or swelling are not consistently mentioned in medical notes, it becomes harder to prove they are ongoing and connected. Tell your provider about frequency, triggers, and functional impact so it is recorded.
• Unrelated or pre-existing conditions: Prior headaches or neck issues do not automatically defeat a claim, but they can complicate causation. Clear medical history and provider documentation matter.
• Late-arriving bills not submitted: Hospital and imaging bills often arrive weeks or months later. If they are not provided, the claim documentation may understate your medical expenses.
• Waiting too long to protect the deadline: Settlement talks can stall. If the limitations period is approaching, you may need to file suit to preserve the claim even while treatment continues.

Conclusion

In North Carolina, ongoing symptoms like migraines and neck swelling can be included in your injury claim if your medical records support that they are connected to the incident and reflect reasonable, necessary treatment. Unresolved symptoms often mean the claim should be documented carefully so it captures both past bills and any reasonably expected future care. The most important next step is to send every related bill and treatment update to be added to the claim file, while keeping an eye on the three-year deadline to file suit if the claim does not resolve.

Talk to a Personal Injury Attorney

If you're dealing with ongoing symptoms that have not resolved and you are trying to make sure your medical bills and continuing problems are properly included in a North Carolina injury claim, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call {{CONTACT NUMBER}}.

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.