Can I recover compensation for ongoing neck, back, and shoulder pain if I’m still treating? — Durham, NC

Woman looking tired next to bills

Can I recover compensation for ongoing neck, back, and shoulder pain if I’m still treating? — Durham, NC

Short Answer

Yes. In North Carolina, you can pursue compensation for neck, back, and shoulder pain even while you are still treating, as long as you can show the crash caused the condition and you can document how it affects you.

That said, many claims are harder to evaluate (and harder to settle) before your condition stabilizes, because the insurer will usually want a clear picture of diagnosis, treatment course, work restrictions, and whether you are improving.

Why Treatment Timing and Documentation Matter

Ongoing treatment matters for two main reasons: (1) it helps connect your symptoms to the crash, and (2) it helps show the full impact of the injury over time. When you are still in physical therapy or still following up with a primary care provider, your medical records are still being created, and your damages (losses) may still be changing.

In a car accident claim, the other side may argue that your pain is unrelated, was preexisting, or should have resolved sooner. Consistent treatment and clear documentation can help address those arguments without you needing to “prove” your case through guesswork.

Common Scenarios and What They Often Mean

  • ER-only care: If you only went to the emergency room and did not follow up, insurers often argue the injury was minor or short-lived. Follow-up records (when appropriate) can help show whether symptoms continued and what providers observed over time.
  • Gaps in care: Missed appointments or long gaps can create questions like “Did you really still hurt?” or “Did something else cause this?” If there is a gap for a normal reason (scheduling, transportation, childcare, work, or referral delays), it helps when the reason is documented.
  • “Done with treatment” / plan changes: If you are still treating, the claim value may be a moving target. If your plan changes (more PT, imaging, injections, or discharge from therapy), that can affect how the claim is evaluated because it changes the expected future care and the story told by the records.

Practical Documentation Tips (Non‑Medical)

  • Track the timeline: Keep a simple list of appointment dates (ER, PT, primary care) and any work notes or restrictions you receive.
  • Save the paperwork you already have: Visit summaries, PT attendance notes, and billing statements help show both the course of care and the costs.
  • Be consistent in how you describe symptoms: You do not need perfect wording, but big inconsistencies (where it hurts, how it started, what makes it worse) can be used to challenge your credibility.
  • Document lost wages carefully: If you intend to claim lost income, keep pay stubs, a basic work schedule, and any written verification of missed time or reduced duties from your employer (without sharing more medical detail than necessary).
  • Be cautious with written communications: Avoid overstating or minimizing symptoms in texts, emails, or claim communications. If you are unsure, keep it factual: dates, appointments, and what you can/can’t do.

How This Applies

Apply to your situation: Because you were transported by ambulance, went to the ER, and are continuing care with physical therapy and primary care, you likely have a treatment timeline that can help connect your neck, back, and shoulder complaints to the crash. Since you also plan to pursue lost wages, it will be important to keep work documentation aligned with your treatment dates and any provider restrictions. Because you have Medicaid, reimbursement issues can come up later, so it helps to keep your billing and coverage paperwork organized while treatment is ongoing.

What the Statutes Say (Optional)

  • N.C. Gen. Stat. § 1-52 – provides a three-year limitations period for many personal injury lawsuits (with important exceptions depending on the claim type).

Conclusion

You can seek compensation for ongoing neck, back, and shoulder pain while you are still treating, but the strength of the claim often depends on clear, consistent documentation of symptoms, treatment, and how the injury affects work and daily life. Ongoing care can also mean the claim is still developing, which can affect timing and evaluation. One practical next step is to gather your current records, bills, and wage documentation in one place so you can review them with a licensed North Carolina attorney before deadlines become an issue.

Talk to a Personal Injury Attorney in Durham

If the issue involves injuries, insurance questions, or a potential deadline, speaking with a licensed North Carolina attorney can help clarify options and timelines. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It also is not medical advice. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.

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