Understanding the Problem

If you are pursuing a North Carolina personal injury claim and you are still having headaches while treatment continues twice per week, you are likely asking whether those ongoing symptoms increase what your case is worth and what you need to prove to be paid for them.

Apply the Law

North Carolina injury cases generally focus on compensating you for harm caused by someone else’s negligence. When headaches continue after an incident, they typically matter in two main ways: (1) they can support a claim for noneconomic damages (pain, suffering, inconvenience, and reduced quality of life), and (2) they can support economic damages such as medical bills and, in some cases, future medical care if it is reasonably expected. The core legal issue is proof: you must connect the headaches to the incident (causation) and show the nature, duration, and effect of the symptoms (damages). Your medical records, consistent reporting, and treatment history are usually the backbone of that proof.

Key Requirements

• Clear connection to the incident (causation): The headaches must be tied to the event that caused your injury, not an unrelated condition or a later incident.
• Consistent medical documentation: Your providers’ notes should reflect when the headaches started, how often they occur, what makes them worse or better, and what treatment is being tried.
• Reasonable and necessary treatment: Ongoing appointments can support your claim, but insurers often scrutinize whether the frequency and duration make medical sense for your diagnosis and progress.
• Impact on daily life: Headaches affect value more when you can show concrete effects (missed work, reduced ability to drive, sleep disruption, inability to concentrate, limits on household tasks).
• Future outlook: If headaches are expected to continue, future care may be part of damages, but it typically needs support from medical opinion and a treatment plan.
• Credibility and consistency: Gaps in treatment, changing stories, or failing to follow medical advice can reduce the weight given to headache complaints.

What the Statutes Say

• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Medical providers may have a lien on part of a personal injury recovery for treatment bills related to the injury, and the statute includes notice and documentation requirements.
• N.C. Gen. Stat. § 1D-25 (Punitive damages cap) - If punitive damages are at issue, North Carolina limits them to three times compensatory damages or $250,000, whichever is greater (with certain exceptions).
• N.C. Gen. Stat. § 90-21.19 (Noneconomic damages cap in medical malpractice) - A noneconomic damages cap applies in many medical malpractice cases; it generally does not apply to ordinary car wreck or premises cases, but it can matter if your claim is a malpractice claim.

Analysis

Apply the Rule to the Facts: Because you are still treating and reporting headaches twice per week, the duration and frequency can support that the symptoms are ongoing rather than short-lived. The fact that your provider notes some improvement can cut both ways: it supports that treatment is working, but it may also suggest the headaches are resolving, which can affect how future damages are evaluated. The value impact will depend heavily on whether your records consistently link the headaches to the incident and document functional limits (work, sleep, concentration) over time.

Process & Timing

1. Who builds the proof: The injured person (through their attorney). Where: Typically through an insurance claim first; if a lawsuit is needed, it is filed in the North Carolina trial courts (Superior Court or District Court depending on the case). What: Medical records and bills, symptom reports, and (when needed) provider opinions tying headaches to the incident and addressing future care. When: As treatment progresses; many cases are evaluated more accurately once your condition stabilizes or your provider can give a clearer prognosis.
2. Document the headache story consistently: Report headaches at appointments, describe frequency and triggers, and follow the treatment plan. Consistency across records is often a major driver of how insurers and juries view headache claims.
3. Resolve liens and bills before final payout: If providers assert liens for treatment charges, those issues typically must be addressed as part of settlement distribution under North Carolina lien rules.

Exceptions & Pitfalls

• Headaches without a clear medical link: If records do not connect the headaches to the incident (or show other likely causes), the insurer may treat them as unrelated and discount them.
• Gaps in treatment: Long breaks can be argued as a sign the headaches were not severe or were resolved, unless there is a documented reason (e.g., referral delays).
• Overtreatment arguments: Very frequent visits for a long period can trigger disputes about whether care was reasonable and necessary for the condition.
• Inconsistent reporting: Telling one provider “no headaches” and another “daily headaches” can undermine credibility even if you are genuinely hurting.
• Preexisting headache history: Prior migraines or similar issues do not automatically bar recovery, but they make documentation and medical causation more important.
• Liens reduce net recovery: Even when headaches increase the overall case value, unpaid treatment bills and asserted liens can affect what you take home.

Conclusion

In North Carolina, continuing headaches can increase the value of your injury case when you can prove they were caused by the incident and show, through consistent medical records and day-to-day impact, that they are lasting and significant. Ongoing treatment twice per week can support your claim, but the details in the records and the medical outlook often drive how the claim is valued. Next step: gather your treatment records and headache history and review them with a North Carolina attorney early enough to file suit before the statute of limitations runs.

Talk to a Personal Injury Attorney

If you're dealing with ongoing headaches after an injury and you are unsure how they affect the value of your claim, our firm has experienced attorneys who can help you understand what evidence matters, how insurers evaluate these symptoms, and what timelines you need to track. Call [CONTACT NUMBER] to discuss your situation.

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.