Short Answer

No. In North Carolina you do not have to complete surgery before you file a personal injury lawsuit. You may file within the applicable deadline and claim both past and reasonably expected future medical expenses (including an anticipated surgery). If the statute of limitations is approaching, file now to preserve your rights and update your damages later as treatment progresses.

Understanding the Problem

You’re asking whether you must undergo surgery before you can sue in a North Carolina personal injury case. The core issue is timing: can an injured person file suit in North Carolina courts to meet the deadline, even if medical care (like surgery) is still ahead? Here, the insurer disputes fault after a school-drop-off collision, and the filing deadline is near. You’re in the right place to understand what you can file for, when, and where.

Apply the Law

North Carolina law lets an injured person recover both past medical costs and future medical expenses that are reasonably certain to occur. You do not need to finish treatment before filing. The case is filed as a civil action in the county’s trial court system, and most negligence claims have a three-year filing deadline from the crash date. After you file, you must have the summons issued and complete service on the defendant under the Rules of Civil Procedure. North Carolina also follows contributory negligence, which can bar recovery if the plaintiff is even slightly at fault, so fault facts matter.

Key Requirements

• Timely filing: File your negligence lawsuit before the statute of limitations expires (typically three years; wrongful death is generally two years).
• Forum and amount: File in District Court (≤ $25,000) or Superior Court (> $25,000) via the Clerk of Superior Court.
• Initiate correctly: Start the action with a Complaint and Civil Summons; have the clerk issue the summons.
• Service of process: Serve the defendant within the Rule 4 time limits; if needed, keep the case alive with alias and pluries summons.
• Damages proof: You can claim future medical care (like surgery), but you’ll need medical testimony tying future treatment and costs to the crash.
• Fault rules: Contributory negligence can defeat a claim if you shared fault; build your liability evidence early.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for negligence) - Most personal injury negligence claims must be filed within three years.
• North Carolina Gen. Stat. § 1-53 (Two-year limit for wrongful death) - Wrongful death actions generally have a two-year limit.
• North Carolina Gen. Stat. § 7A-243 (Where to file; amount in controversy) - Superior Court has jurisdiction when the amount exceeds $25,000.
• North Carolina R. Civ. P. 4 (Service of process) - Governs issuance, service, and alias and pluries summons to maintain the action.

Analysis

Apply the Rule to the Facts: You don’t need to have your surgery first. File before the deadline and claim both your incurred bills and the reasonably expected cost of surgery. Because the insurer disputes fault after the school-area collision, gather liability evidence early—North Carolina’s contributory negligence rule makes fault critical. With the statute of limitations near and firms hesitant, the safest step is to file promptly, have the clerk issue summons, and complete service within the Rule 4 window.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Clerk of Superior Court in the North Carolina county where the crash occurred or where the defendant resides. What: Complaint and Civil Summons (AOC-CV-100). When: File before the statute of limitations expires (commonly three years from the crash; two years if wrongful death).
2. After filing, the clerk issues the summons. Serve the defendant under Rule 4 within the standard service period (generally within 60 days of issuance). If service fails or time runs, timely issue an alias and pluries summons to keep the case alive. Expect several months for initial pleadings and early discovery; timing varies by county.
3. As treatment evolves, amend your complaint to update damages and supplement discovery responses with new medical records and opinions. The case moves through discovery, mediation, and, if unresolved, trial; outcomes and timing vary by county docket and complexity.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you were even slightly at fault; secure witness statements, photos, and the crash report early.
• Do not miss service deadlines. If you cannot serve within the initial period, issue an alias and pluries summons on time to avoid dismissal.
• Government defendants and certain claims may have different notice, forum, or timing rules; confirm requirements before the deadline.
• Future medicals require medical support; coordinate with your providers for opinions on necessity and cost of anticipated surgery.

Talk to a Personal Injury Attorney

If you're dealing with a disputed-fault crash and looming deadlines, our firm has attorneys who can help you understand your options and timelines. Call us 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.