What happens if my injuries require both physical therapy and chiropractic care during my claim?: North Carolina personal injury claims

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What happens if my injuries require both physical therapy and chiropractic care during my claim? - North Carolina

Short Answer

In North Carolina, you can pursue a personal injury claim that includes both physical therapy and chiropractic care. These medical expenses are recoverable if they are reasonable, necessary, and caused by the crash. Adjusters and courts look for clear medical oversight, consistent documentation, and no duplicative treatment. Only amounts actually paid or legally owed are typically recoverable, and medical providers may assert liens that must be resolved from any settlement.

Understanding the Problem

You’re in North Carolina, you were hurt in a crash, and you want to know if you can use both physical therapy and chiropractic care without hurting your personal injury claim. You’re already in physical therapy several times a week, considering chiropractic care, and you have not yet seen a primary care doctor. You need to know how these choices affect what the insurer will cover and how to protect your claim.

Apply the Law

Under North Carolina law, medical charges from different providers (like physical therapists and chiropractors) can be included in your claim if the care is reasonable, necessary, and tied to the crash. The primary forum is usually an insurance claim with the at‑fault driver’s insurer; if unresolved before the deadline, the case is filed in District or Superior Court depending on the amount in dispute. A core timing rule is the statute of limitations to file suit, which is generally three years from the crash in personal injury cases. Evidence of past medical expenses is typically limited to what was actually paid or what you still legally owe, and health‑care providers may assert statutory liens on your recovery.

Key Requirements

  • Causation: Treatment must be linked to injuries from the crash and supported by medical records.
  • Reasonable and necessary: The frequency, duration, and type of therapy should align with accepted care for your diagnoses; avoid duplicating the same services on the same days without coordination.
  • Documentation: Use consistent histories, referrals when possible (e.g., from a primary care physician), treatment plans, and clear progress notes.
  • Amounts recoverable: Recovery for past medical expenses is generally limited to amounts paid or legally owed; write‑offs and discounts usually are not recoverable.
  • Liens and payors: Providers can assert liens that must be resolved from settlement funds; health insurance and MedPay may also affect who gets reimbursed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Your ongoing physical therapy and potential chiropractic care can both be included if your records show they treat crash‑related injuries (including concussion symptoms and pain) and the care is coordinated. Because you have not seen a primary care physician, getting a PCP or specialist visit can help support necessity, especially for concussion symptoms. Keep consistent histories, avoid overlapping same‑day services without a clear reason, and obtain work‑status notes to support wage loss. Expect provider liens that must be addressed at settlement.

Process & Timing

  1. Who files: You (or your attorney). Where: With the at‑fault driver’s insurer; if needed, file suit in the county where the crash occurred or the defendant lives (District or Superior Court). What: A demand package with medical records and bills from PT and chiropractic, diagnostic reports, out‑of‑work notes, and proof of other losses. When: Typically after you reach maximum medical improvement or a stable point; file any lawsuit within three years of the crash if settlement is not reached.
  2. Negotiate liability and damages; update the insurer with ongoing records. Resolve provider liens and any health insurance or MedPay reimbursements before final disbursement.
  3. Finalize settlement: sign a release, the attorney pays approved liens from settlement funds, and you receive the net proceeds.

Exceptions & Pitfalls

  • Uncoordinated, duplicative care (e.g., overlapping same‑day therapies) can be challenged as unnecessary; coordinate through a primary care physician or treating specialist.
  • Gaps in treatment or missed appointments can undermine causation and necessity; communicate with providers about scheduling constraints.
  • Inconsistent medical histories (e.g., omitting the crash when describing your injury) can harm credibility; be accurate and consistent.
  • Ignoring provider liens or health insurance reimbursement rights can delay disbursement; track lien notices and request itemized bills.
  • Waiting too long to act can risk the statute of limitations; calendar the three‑year deadline and work backward.

Conclusion

In North Carolina, you may include both physical therapy and chiropractic care in your claim if the treatment is reasonable, necessary, and tied to the crash. Keep coordinated medical oversight, consistent records, and avoid duplicate services. Expect provider liens and that only paid or owed amounts count for past medical expenses. If settlement does not occur, protect your rights by filing a lawsuit in the proper North Carolina court within three years of the crash.

Talk to a Personal Injury Attorney

If you're dealing with injuries that require physical therapy and chiropractic care and want to protect your North Carolina 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.

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