Short Answer

In North Carolina, you can accept an increased settlement offer at any time, but you should usually do it only after you understand what you are giving up—because settlement almost always requires signing a release that ends your injury claim. Whether you should keep negotiating depends on practical factors like whether your medical treatment is complete, whether all bills and liens are known, and how close you are to the statute of limitations deadline. If the deadline is getting close, filing a lawsuit may be necessary to preserve your claim even while negotiations continue.

Understanding the Problem

In North Carolina, when you are the injured person negotiating with an insurance adjuster, can you accept a higher offer now—or must you keep negotiating—when the claim has been delayed since the summer?

Apply the Law

North Carolina law generally allows injury claims to settle by agreement, and insurers typically require a written release as part of the deal. Once you sign a release and take the money, you usually cannot go back and ask for more for the same injury. Separately, you must protect your rights by watching the statute of limitations. For most negligence-based personal injury claims, the deadline to file a lawsuit is generally three years, and missing it can end the claim even if negotiations are ongoing.

Key Requirements

• Clear settlement terms: Know exactly what the offer covers (injury claim only, or also property damage, medical bills, liens, and any other claims).
• Release language: Read the release carefully because it often ends your right to pursue any further payment for the same incident.
• Medical status and documentation: Make sure your treatment status (still treating vs. finished) and supporting records match the value you are trying to negotiate.
• Bills and liens: Identify medical bills and any potential reimbursement claims (liens/subrogation) that may have to be paid out of the settlement.
• Authority to settle: You control whether to accept; your attorney can advise and negotiate, but you decide whether to sign.
• Deadline protection: Track the statute of limitations; if it is approaching, you may need to file suit to preserve the claim.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitations period; includes many personal injury claims) - Sets a three-year deadline for many negligence-based injury lawsuits.
• N.C. Gen. Stat. § 1-540.2 (Settlement terms must be in writing to release other claims in certain auto-accident contexts) - Explains that settling property damage from a motor vehicle collision does not automatically release other claims unless the written agreement says so.
• N.C. Gen. Stat. § 1B-4 (Release or covenant not to sue) - Addresses how a release can affect claims involving multiple potentially responsible parties.

Analysis

Apply the Rule to the Facts: Because your claim is still in negotiation and you have been waiting on the adjuster after the holidays, the main legal risk is not “waiting too long for a better offer”—it is accidentally settling too early (before you know the full medical picture and lien exposure) or waiting so long that a filing deadline approaches. An increased offer can be reasonable to accept if it reflects your documented injuries and you are comfortable signing a release that likely ends the claim. If treatment is ongoing or key records are still missing, pushing for more (or preparing to file suit) may better protect you.

Process & Timing

1. Who decides: You (the injured person). Where: Settlement is usually handled through your attorney’s office and the insurance company (not a court). What: A written settlement agreement and release, plus closing paperwork. When: Before you sign anything, confirm the offer amount, what claims it releases, and whether it is contingent on paying bills/liens.
2. Negotiation step: Your attorney typically follows up with the adjuster, confirms the offer in writing, and may set a response deadline. Delays are common, especially around holidays, but you can ask your attorney for a concrete follow-up schedule and a plan if the adjuster stays unresponsive.
3. Protect-the-deadline step: If the statute of limitations is getting close, your attorney may recommend filing a lawsuit in the appropriate North Carolina trial court to preserve the claim while negotiations continue.

Exceptions & Pitfalls

• Signing a broad release too soon: Many releases are written broadly. If you sign before you understand your future care needs or the full billing picture, you may be stuck with an amount that does not truly resolve the claim.
• Unknown liens or reimbursement claims: Health insurers and some benefit programs may have reimbursement rights. If you accept a settlement without accounting for them, you may net less than expected or face disputes later.
• Confusing property damage and injury settlement: In motor vehicle cases, settling property damage does not automatically settle bodily injury unless the written agreement says so. Make sure the paperwork matches what you intend to settle.
• Waiting past the filing deadline: Adjuster delays do not usually extend the statute of limitations. If the deadline is approaching, filing suit may be necessary even if talks seem “close.”
• Negotiating without a clear “why”: Asking for more works best when tied to specific records (diagnoses, treatment course, restrictions, and documented impacts), not just frustration with delay.

Conclusion

In North Carolina, you can accept an increased settlement offer now, but you should do so only after you understand the release and confirm the offer accounts for your medical status, bills, and any liens—because settlement usually ends your right to pursue more. If you are still treating or key documentation is missing, continued negotiation may make sense. Most importantly, protect the deadline: for many injury cases you must file suit within three years under N.C. Gen. Stat. § 1-52, so the next step is to have your attorney calendar that date and prepare to file if needed.

Talk to a Personal Injury Attorney

If you're dealing with a delayed insurance negotiation and you are unsure whether to accept a higher offer or keep negotiating, our firm has experienced attorneys who can help you evaluate the release, the documentation, and the timing risks so you can make an informed decision. Reach out today.

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.