Short Answer

Yes. In North Carolina, you can recover the reasonable cost of future medical treatment if you prove the future care is reasonably certain and is caused by the crash. This usually requires competent medical testimony and reliable cost estimates. Insurers and courts will not pay for speculative or possible treatment. You must also bring your claim within the general three-year time limit for personal injury.

Understanding the Problem

You were hurt in a North Carolina car crash, treated in the emergency room, and your pain persists. You want to know if you can ask the at-fault driver or their insurer to pay for future medical care you are likely to need because of these injuries. This question focuses on whether North Carolina law allows recovery of those future medical costs in a personal injury claim or lawsuit.

Apply the Law

North Carolina allows an injured person to recover both past and future medical expenses. Future medical expenses must be proven with competent evidence showing: (1) a causal link to the incident, and (2) that the future treatment is reasonably certain (not just possible). The amount claimed must reflect reasonable, anticipated costs. These issues are typically raised in settlement with the insurer or, if needed, in a civil case filed in the county’s trial court. The general deadline to file a personal injury lawsuit in North Carolina is three years from the date of the crash.

Key Requirements

• Fault and causation: The other party’s negligence caused your injury, and your ongoing condition stems from the crash.
• Reasonable certainty of future care: A doctor explains, to a reasonable degree of medical certainty, that specific future treatment is likely needed.
• Reasonableness and necessity: The planned care is medically necessary and the projected costs are reasonable for the services.
• Competent proof of costs: Estimates come from medical providers or other reliable sources; totals are not speculative.
• Mitigation: You take reasonable steps to follow medical advice and avoid making your condition worse.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for personal injury) - general deadline to file a personal injury lawsuit.
• North Carolina Rule of Evidence 414 (Medical expenses evidence) - limits proof of past medical bills to amounts paid or owed; future care still must be proven with competent evidence.
• North Carolina Gen. Stat. § 8-58.1 (Medical bills—reasonableness) - sets how reasonableness of medical charges may be shown; similar principles inform proof of future costs.

Analysis

Apply the Rule to the Facts: You received emergency treatment for crash-related chest pain, abdominal bruising, and lacerations. If your doctor connects your ongoing pain to the crash and states you will likely need additional treatment, you may claim those future costs. You will need medical documentation describing the likely procedures or therapy and reliable cost estimates. If your provider describes only possible care without likelihood, future expenses may be denied as speculative.

Process & Timing

1. Who files: The injured person. Where: Start with a claim to the at-fault driver’s insurer; if unresolved, file in North Carolina District or Superior Court through the Clerk of Superior Court in the proper county. What: Civil Summons (AOC-CV-100) and a Complaint requesting future medical expenses among other damages. When: File suit within three years of the crash.
2. Obtain written opinions from your treating provider describing the diagnosis, how the crash caused it, what future treatment is likely, and expected costs. Gather estimates from the provider or facility to support the dollar amount.
3. Present a demand package to the insurer. If settlement does not fairly include future medical costs, proceed with litigation. Final outcomes include a settlement agreement or a judgment.

Exceptions & Pitfalls

• Contributory negligence: If you were even slightly at fault, recovery may be barred unless a narrow doctrine applies.
• Speculation: Future care that is only possible (not likely) is typically rejected. Secure clear medical opinions.
• Proof gaps: Gaps in treatment or missed appointments can undermine the causal link and the need for future care.
• Cost support: Unsupported lump-sum estimates are risky; use provider estimates and itemized projections.
• Releases: Settlements usually include a release that cuts off later claims for future treatment. Do not sign without understanding the impact.
• Past vs. future bills: Evidence rules may limit past medical charges to amounts paid or owed; plan separate proof for future costs.

Talk to a Personal Injury Attorney

If you’re dealing with ongoing pain after a crash and need to pursue future medical costs, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.