Short Answer

In North Carolina, a personal injury matter is either in the pre-suit claim stage (insurance negotiations) or in litigation (a filed lawsuit in the civil division of the county courts). You can confirm the stage by asking your attorney for copies of any filed complaint and summons, any demand letter sent to the insurer, and the current timeline. Also verify the statute of limitations, which is generally three years from the accident for most injury claims.

Understanding the Problem

You want to know, in North Carolina, how you can tell whether your personal injury matter is still an insurance claim or has moved into a court case. You are the injured person, your attorney is waiting on medical records, and you have not received a recent progress update.

Apply the Law

The core question is whether your matter is pre-suit (an insurance claim and negotiations) or in litigation (a lawsuit filed with the Clerk of Superior Court in your county). In North Carolina, most personal injury lawsuits must be filed within a specific time limit, and once a case is filed, the Rules of Civil Procedure create a discovery schedule. Mediation is commonly required in superior court civil cases before trial. The main forum is the North Carolina trial courts (District or Superior Court, depending on the amount sought). The key trigger to watch is the filing deadline (statute of limitations) measured from the accident date for most claims.

Key Requirements

• Identify the stage: Confirm whether a complaint and summons have been filed and served; if not, the matter is likely still pre-suit.
• Check the filing deadline: Most North Carolina personal injury claims must be filed within three years of the accident; missing it can end the claim.
• Verify current activity: Ask whether medical records/bills are pending, whether a demand package has been sent, and whether negotiations are underway.
• Confirm the forum: If filed, your case will be in the civil division of your county court (District or Superior); obtain the case number and any scheduling order.
• Track litigation milestones: If in suit, there will be discovery deadlines, a mediation date (in many superior court cases), and a trial term set by the court.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 - General three-year statute of limitations for most personal injury claims.
• North Carolina Gen. Stat. § 1A-1, Rule 26 - Discovery rules that govern exchanging information after a lawsuit is filed.
• North Carolina Gen. Stat. § 7A-38.1 - Mediated settlement conferences in superior court civil actions.

Analysis

Apply the Rule to the Facts: Because your attorney is still waiting on medical reports, your matter is likely in the pre-suit claim stage. Ask for confirmation of (1) whether a complaint and summons have been filed and served, and (2) whether a demand package has been sent to the insurer. With an accident about a year ago, the three-year filing deadline remains the key clock to track so the claim can be filed if negotiations stall.

Process & Timing

1. Who files: Your attorney. Where: Start with your attorney; if filed, the Clerk of Superior Court in your county maintains the case file. What: Request copies of any complaint, civil summons (AOC-CV-100), demand letter, and any scheduling or mediation order. When: Ask now, and calendar the general three-year limitations period from the accident date to ensure timely filing if needed.
2. If suit is filed: Get the case number from your attorney and ask for the current discovery deadlines and mediation date. You can also request the civil docket sheet from the Clerk of Superior Court; timelines vary by county and division.
3. If suit is not filed: Ask when the remaining medical records are expected, when the demand will be sent after records arrive, and the internal deadline your attorney is using to decide on filing before the statute runs.

Exceptions & Pitfalls

• Do not assume an insurance claim means a lawsuit was filed; a filed complaint and issued summons confirm litigation.
• Medical record delays do not pause the statute of limitations; build in time to file if negotiations are slow.
• Some exceptions may extend deadlines (for example, for minors or certain hidden injuries), but do not rely on an exception unless your attorney confirms it applies.
• Signing a release ends the claim; confirm the stage and settlement terms before agreeing to resolve your case.
• County procedures and online access vary; if you cannot find a docket online, ask the Clerk of Superior Court or your attorney for the case file status.

Talk to a Personal Injury Attorney

If you’re unsure whether your claim is still pre-suit or already in court, our firm can walk you through the status, deadlines, and next steps. If you're dealing with stalled updates or missing records, our attorneys 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.