Short Answer

In North Carolina, you justify a higher settlement demand by documenting liability, proving all damages with up-to-date records, and accounting for liens and fees that reduce your net recovery. Provide the insurer with medical records and bills, wage evidence, pain-and-suffering support, and any future care or permanency documentation; explain how Medicare/Medicaid or other liens must be repaid, and set a clear, evidence-based number grounded in this proof.

Understanding the Problem

North Carolina personal injury claimants often ask: can I raise my demand after the insurer’s first low offer? Here, you (the injured person) want fair compensation for medical bills, lost wages, and ongoing pain, and the insurer’s lump-sum offer must also cover attorney fees and any medical liens. The decision point is whether you can—and how to—present new or clearer proof to support a higher number now.

Apply the Law

Under North Carolina law, a settlement should reflect liability and the full measure of damages. You can increase your demand when updated, credible evidence shows higher losses than the adjuster assumed or when the first offer fails to account for required lien repayments and fees that reduce your net. Negotiations are typically pre-suit with the insurer; if talks stall, you may file in the appropriate North Carolina court, and general statutes of limitation apply to preserve your claim.

Key Requirements

• Clear liability and causation: Police reports, photos, witness statements, and medical opinions tying injuries to the crash.
• Proven economic losses: Itemized medical bills/records and employer wage verification; include future care estimates if treating continues.
• Pain, suffering, and permanency: Provider narratives, impairment ratings, activity limits, and before-and-after evidence.
• Liens and subrogation: Identify and account for Medicare/Medicaid/State Health Plan and provider liens that must be repaid from the settlement.
• Fees and net recovery: Show how attorney fees and liens affect take-home; justify a higher gross to reach a reasonable net.
• Deadlines and forum: Track North Carolina limitation periods; if negotiations fail, be prepared to file suit or mediate.

What the Statutes Say

• North Carolina Gen. Stat. § 108A-57 (Medicaid lien on third-party liability) - Medicaid has a statutory right to reimbursement from liability settlements.
• North Carolina Gen. Stat. § 135-48.37 (State Health Plan subrogation) - The State Health Plan may recover what it paid from liable third-party proceeds.

Analysis

Apply the Rule to the Facts: You have medical bills and lost wages, and you remain in pain. A low lump-sum offer that must also cover attorney fees and liens may leave an unfair net. Increase your demand by submitting updated medical records and bills, a treating provider’s narrative on ongoing pain or permanency, and employer verification of wage loss. Itemize any known Medicare/Medicaid or other lien repayments so the adjuster sees why a higher gross number is warranted.

Process & Timing

1. Who files: The injured person (through counsel). Where: To the insurer’s claims adjuster in North Carolina. What: A written demand package with medical records/bills, wage documentation, photos, and a concise liability summary; include a lien table and net-to-client calculation. When: Typically after reaching maximum medical improvement or with a documented prognosis; always track your statute of limitations.
2. Expect 2–6 weeks for insurer review, followed by counteroffers. If impasse, consider mediation or filing a lawsuit in the appropriate North Carolina trial court based on the amount in controversy.
3. Finalize a written release only after confirming lien amounts and repayment terms; ensure the settlement documents reflect lien resolution and the scope of the release.

Exceptions & Pitfalls

• Minors or incapacitated adults often require court approval of settlements, and funds may be restricted or deposited with the Clerk depending on the amount and order terms.
• Medicare, Medicaid, and State Health Plan interests must be repaid; failing to account for them can delay payment or expose you to repayment demands.
• Gaps in treatment, broad medical authorizations, or recorded statements can undermine your claim; keep treatment consistent and communications controlled.
• Global releases and confidentiality clauses: read scope carefully; ensure they don’t waive future claims unrelated to this loss.
• Policy limits: if liability limits are low, evaluate underinsured motorist coverage and document the limits in writing.

Talk to a Personal Injury Attorney

If you’re facing a low first offer and need to present a stronger, evidence-based demand, our firm can help you organize proof, address liens, and protect your timeline. Call us today to discuss your options.

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.