Short Answer

Yes. In North Carolina, you can claim out-of-pocket medical expenses that are reasonable, necessary, and caused by the accident, including over-the-counter medicines, patches, and similar self-care—if you can prove what you paid and why you used them. Courts generally look for receipts and medical support tying these items to your injuries. Evidence of medical charges is limited to the amounts actually paid, not sticker prices.

Understanding the Problem

You want to know if, in North Carolina, you can be reimbursed in a personal injury claim for over-the-counter pain relievers, patches, and home care you used while treating accident-related neck, shoulder, and back pain. The core issue is whether these self-care costs count as recoverable medical expenses and what proof is needed to include them in your claim.

Apply the Law

Under North Carolina law, an injured person may recover medical expenses that were reasonably necessary to treat accident-related injuries and were proximately caused by the at-fault party. This can include nonprescription items (e.g., analgesics, topical patches, braces, ice/heat packs) when they are part of sensible treatment. To recover them, you must show you actually paid (or legally owe) the expense and connect it to your injury through records or a provider’s recommendation. Claims are typically presented first to the liability insurer; unresolved cases are filed in the North Carolina General Court of Justice (District or Superior Court, depending on the amount). North Carolina’s evidence rule limits proof of medical expenses to amounts actually paid or required to be paid. The general deadline to file a personal injury lawsuit is three years from the date of injury.

Key Requirements

• Causation: The accident caused the injuries you treated with over-the-counter items.
• Reasonable and necessary: The items were a sensible part of treating your specific injuries (ideally noted in your medical records or by a provider).
• Proof of payment: You must document what you actually paid (receipts, transaction records) to recover those amounts.
• Medical support: Treatment notes, discharge instructions, or a provider’s recommendation help show necessity.
• Timely claim: If settlement fails, you must file suit within the applicable limitation period.

What the Statutes Say

• N.C. R. Evid. 414 - Only amounts actually paid (or required to be paid) for medical care are admissible to prove medical expenses.
• N.C. Gen. Stat. § 8-58.1 - Properly authenticated medical bills can be evidence of the reasonableness and necessity of charges.
• N.C. Gen. Stat. § 1-52 - Three-year limitation for most personal injury claims.

Analysis

Apply the Rule to the Facts: Your ongoing physical therapy and daily stiffness support that your injuries are real and unresolved. Over-the-counter pain relievers and patches are commonly considered reasonable if they help manage documented symptoms between therapy sessions. Save receipts and ask your treating provider to note that these items are part of your home care plan. If you choose chiropractic care, it can be recoverable when it’s reasonable for your condition and supported by medical records.

Process & Timing

1. Who files: The injured person (or their attorney). Where: Start with a claim to the at-fault party’s insurer; if unresolved, file in the North Carolina General Court of Justice (District or Superior Court, depending on the amount). What: Pre-suit demand package with medical records, bills, and receipts; if suing, a Complaint and the Civil Summons (AOC-CV-100) available on nccourts.gov. When: File any lawsuit within three years of the injury date.
2. After you submit a demand, the insurer reviews your documentation. This often takes several weeks; timing varies based on completeness of records and insurer workload.
3. If you settle, the insurer issues payment for agreed damages, including documented out-of-pocket items. If you litigate, the court will decide liability and damages.

Exceptions & Pitfalls

• If a provider did not recommend the over-the-counter items (or your records are silent), the insurer may argue they were not necessary.
• Keep receipts; without proof of purchase, reimbursement is difficult.
• Rule 414 limits recovery evidence to amounts actually paid, so don’t rely on sticker prices or bulk purchases unconnected to your treatment.
• Unrelated items (e.g., general wellness supplements not tied to your injury) are often denied.
• North Carolina’s contributory negligence rule can bar recovery entirely if you are found even slightly at fault.
• Follow your treatment plan; gaps in care can undermine the necessity of self-care expenses.

Talk to a Personal Injury Attorney

If you’re dealing with out-of-pocket self-care costs after an injury and need to understand what you can claim and how to prove it, our firm has experienced attorneys who can help you understand your options and timelines. 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.