Short Answer

Yes. In a North Carolina personal injury settlement, your reasonable, accident‑related co-pays and deductibles are part of your recoverable medical expenses. Your attorney must first pay valid medical and program liens from the settlement as required by law. After attorney’s fees and any required lien payments, the remaining funds are disbursed to you, which is where reimbursement of your out‑of‑pocket costs happens.

Understanding the Problem

In North Carolina, when you settle a personal injury claim, can you get back the co-pays and deductibles you paid? You are finalizing a settlement and a health program has asserted a lien. You want to know whether your out‑of‑pocket medical costs will come back to you when the attorney sends the final settlement statement for signature.

Apply the Law

North Carolina law treats co-pays and deductibles as part of your medical damages if they are reasonable, necessary, and related to the injury. Before you receive funds, your lawyer must satisfy valid medical provider liens and certain health program reimbursement rights. Medical provider liens in North Carolina are capped so that, after attorney’s fees, no more than half of the net recovery goes to those provider liens, with lienholders sharing that capped amount. Some public programs (like Medicaid, Medicare, and the State Health Plan) have separate statutory or federal reimbursement rules that must be honored. The settlement is resolved and disbursed by your attorney (not the court), but disputes can be brought to Superior Court if needed.

Key Requirements

• Accident-related and reasonable: Your co-pays and deductibles must relate to reasonable and necessary treatment for injuries from the incident.
• Proper documentation: Provide your lawyer with bills, explanations of benefits, and receipts so they can include these amounts on the settlement statement.
• Medical provider liens: Hospitals and doctors can claim liens if they properly perfect them; together they cannot take more than 50% of your net recovery after attorney’s fees, and they share that amount pro rata.
• Health program reimbursement: Medicaid, Medicare, and the State Health Plan have statutory or federal rights to reimbursement that your attorney must address; these may follow different caps or apportionment rules.
• Attorney trust handling: Your attorney holds funds in trust and disburses only after resolving liens and reimbursements according to statute.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider lien) - Allows hospitals and medical providers to assert liens for injury-related charges if they furnish itemized statements upon request.
• North Carolina Gen. Stat. § 44-50 (Disbursement of recovery) - Caps total medical provider lien payments at 50% of the net recovery after attorney’s fees and provides for pro rata sharing among lienholders.
• North Carolina Gen. Stat. § 108A-57 (Medicaid reimbursement) - Gives the State Medicaid program a claim to third-party recoveries for paid medical assistance, with procedures for determining the amount owed.
• North Carolina Gen. Stat. § 135-48.37 (State Health Plan subrogation) - Establishes the State Health Plan’s right to recover benefits paid when a third party is liable.

Analysis

Apply the Rule to the Facts: Your co-pays and deductibles are recoverable medical expenses, so they belong on your settlement statement. Your attorney must first pay any perfected medical provider liens (subject to the 50% net cap and pro rata sharing) and honor the health program’s reimbursement rights. After attorney’s fees and required lien/program payments, the remaining balance goes to you; that is where your out-of-pocket co-pays and deductibles are reimbursed if funds are available.

Process & Timing

1. Who files: No court filing is required; your attorney handles settlement disbursement. Where: Funds are held in the law firm’s trust account in North Carolina. What: You e‑sign the release, and your lawyer compiles itemized bills/EOBs and negotiates liens. When: Lien resolution typically takes several weeks; Medicare final demands must be paid within 60 days of the demand letter to avoid interest.
2. Your attorney requests itemized statements and pursues reductions. Medical provider liens are prorated within the 50% net cap; public program claims follow their own statutes. Expect 30–60 days for many lienholders to respond.
3. Once all liens are resolved, your attorney issues a final settlement statement and disburses: attorney fees/costs, lien/program payments, and the balance to you (including reimbursement of your co-pays/deductibles).

Exceptions & Pitfalls

• Employer self‑funded health plans may assert reimbursement rights under federal law that differ from state lien caps; your plan type matters.
• If a provider did not perfect its lien (for example, by failing to furnish itemized bills on request), its priority may be affected—but amounts still may be owed.
• Do not authorize disbursement until your out‑of‑pocket receipts are included; missing documentation can delay or reduce your reimbursement.
• Failing to resolve Medicaid, Medicare, or State Health Plan claims can trigger interest or separate collection actions.

Talk to a Personal Injury Attorney

If you're dealing with medical liens and want to recover your out‑of‑pocket co‑pays and deductibles, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [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.