Short Answer

North Carolina law does not set a fixed number of days to see a doctor, but waiting too long after an accident weakens your claim. Gaps in treatment make insurers question whether the crash caused your injuries and whether you reasonably limited your harm. After an ER visit, schedule follow-up care as soon as you can and document any reasons for delay. You generally have three years to file a negligence lawsuit, but delays can still reduce the value of your case.

Understanding the Problem

In North Carolina personal injury cases, the key question is: can I safely wait more than a month after an ER visit to get follow-up care without hurting my claim? You are the injured person, and you want to know how delay affects your right to recover for injuries from a motor vehicle collision. Here, you went to the emergency department immediately after the crash but have not had follow-up care in over a month.

Apply the Law

Under North Carolina law, there is no statute that sets a maximum number of days to start treatment. Instead, two legal issues drive the answer: causation (proving the crash caused your injuries) and mitigation (showing you took reasonable steps to limit your harm). Long gaps in treatment make it easier for an insurer or defense lawyer to argue your symptoms were minor, unrelated, or worsened by not following medical advice. If a lawsuit becomes necessary, personal injury cases are filed in the civil trial courts—District Court for lower amounts and Superior Court for higher amounts—subject to North Carolina’s filing deadlines.

Key Requirements

• Prompt, consistent care: Seek timely follow-up after the ER and keep appointments so your records clearly connect the injury to the crash.
• Causation proof: Medical records and provider opinions must link your knee and shin pain to the collision; large treatment gaps undermine that link.
• Mitigation of damages: You must take reasonable steps to get appropriate care and follow recommendations; unreasonable delay can reduce recoverable damages.
• Filing deadline: Most negligence injury lawsuits must be filed within three years of the crash; wrongful death claims generally have a two-year deadline.
• Forum threshold: Claims are filed in District Court or Superior Court based on the amount in controversy if settlement is not reached with the insurer.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - Most negligence-based personal injury actions must be filed within three years.
• North Carolina Gen. Stat. § 1-53 (Two-year limitation) - Wrongful death actions generally must be filed within two years.
• North Carolina Gen. Stat. § 7A-240 (District Court jurisdiction) - District Court is proper for civil actions at or below the statutory amount in controversy.
• North Carolina Gen. Stat. § 7A-243 (Superior Court jurisdiction) - Superior Court is proper when the amount in controversy exceeds the District Court threshold.

Analysis

Apply the Rule to the Facts: You went to the ER right away, which supports causation. A month without follow-up, however, creates a treatment gap insurers often use to argue your pain resolved or stems from something else. To meet your duty to mitigate, schedule a follow-up now and follow the provider’s plan; document any reasons for the delay (transportation, cost, child care) so the record reflects you acted reasonably. If negotiations fail, your attorney can file suit in the proper court within the three-year deadline.

Process & Timing

1. Who files: The injured person (often through an attorney). Where: Start with the at-fault driver’s liability insurer; if unresolved, file in the civil division of the county where the defendant lives or where the crash occurred in North Carolina. What: A civil Summons (AOC-CV-100) and a Complaint stating your claims. When: Generally file before the three-year statute of limitations expires.
2. Investigation and negotiation: Your attorney gathers medical records and bills, tracks your treatment, and sends a demand package. Many insurers will not fully evaluate a claim until you complete treatment or reach maximum medical improvement. Timing varies by county and carrier.
3. Litigation if needed: If settlement is not reached, the case proceeds in District Court or Superior Court based on the claimed damages. Expect written discovery and depositions. The outcome is a settlement agreement or a court judgment.

Exceptions & Pitfalls

• Minors and incapacity: Special rules can pause filing deadlines for minors or legally incapacitated people; the exact timelines vary by circumstance.
• Government defendants: Claims involving government entities follow different procedures and may have additional notice requirements.
• Medical adherence: Skipping appointments or ignoring medical advice invites mitigation arguments that reduce damages.
• Preexisting conditions: You can recover for a crash that aggravated a prior condition, but you will need clear medical documentation tying the worsening to the collision.
• Documentation gaps: If cost or access delayed care, keep records (insurance denials, scheduling issues) to show you acted reasonably.

Talk to a Personal Injury Attorney

If you're dealing with injuries after a crash and are worried a treatment gap might hurt your claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.