Short Answer

In a North Carolina personal injury claim, a “pre-demand verification” is a client review step your lawyer uses before sending a settlement demand to the insurance company. It is usually a summary of your treatment, injuries, and damages (especially medical bills) that you confirm is complete and accurate. You should review it for missing providers, wrong dates, incorrect charges, and any liens or insurance payments that could affect settlement.

Understanding the Problem

In North Carolina, can you approve a settlement demand when your personal injury lawyer is still waiting on medical bills and records, and what exactly are you supposed to confirm in the pre-demand verification before the demand goes out?

Apply the Law

North Carolina law does not require a specific document called a “pre-demand verification.” In practice, it is a quality-control and authorization step used to reduce mistakes before your lawyer sends a demand package to the at-fault party’s insurer. The goal is to make sure the demand is supported by accurate medical records and billing information, and to identify any repayment claims (often called liens) that may need to be addressed out of any settlement. Medical information is generally confidential and is typically gathered and shared for the claim using your written authorization.

Key Requirements

• Correct treatment timeline: Confirm the dates you treated, the providers you saw, and whether the summary matches what actually happened.
• Complete provider list: Make sure every clinic, hospital, imaging center, therapy office, and pharmacy related to the injury is listed (missing one can mean missing bills and records).
• Accurate medical charges: Check that the bills shown match what you received and that charges are not duplicated or assigned to the wrong provider.
• Payments and balances: Confirm whether bills were paid by health insurance, paid out of pocket, written off, or are still outstanding.
• Injury description and symptoms: Confirm the injury summary is accurate and does not include conditions you did not have or leave out key complaints you reported.
• Work and wage information (if included): Verify time missed from work and whether the dates and reason for missed time are correct.
• Possible liens/repayment claims: Identify whether any provider, health plan, or government program may claim reimbursement from a settlement so your lawyer can address it before money is distributed.

What the Statutes Say

• N.C. Gen. Stat. § 44-49 (Lien created) - Creates a lien on personal injury recoveries for certain medical-related charges when statutory conditions are met.
• N.C. Gen. Stat. § 44-50 (Duty to retain funds; lien cap) - Requires retention of sufficient funds after notice of qualifying claims and limits certain medical liens to 50% of the recovery (exclusive of attorney’s fees).
• N.C. Gen. Stat. § 90-411 (Medical record copy fee) - Allows providers to charge regulated copy fees for medical records requests, which can affect how quickly records arrive.
• N.C. Gen. Stat. § 8-53 (Patient-provider confidentiality) - Protects confidential medical information and generally requires patient authorization (or a court order) for disclosure.

Analysis

Apply the Rule to the Facts: Because your firm is still waiting on medical bills and records, the pre-demand verification is likely meant to confirm the treatment list and charges before the firm sends a demand. Your most important job is to catch missing providers or incorrect dates, because missing records can weaken the demand and missing bills can create surprises later when liens or unpaid balances surface. If the verification includes lien or payment information, confirming it early helps the firm plan for proper payoff and distribution if the claim settles.

Process & Timing

1. Who prepares it: Your attorney’s office. Where: Typically handled between you and the law office (not filed with a court). What: A written summary and/or spreadsheet of providers, dates, diagnoses, and itemized charges, sometimes with a draft demand narrative. When: Usually after you finish treatment or reach a stable point, and after most records and bills arrive.
2. Your review: You read it carefully and mark corrections (missing providers, wrong dates, wrong amounts, duplicate bills, unrelated treatment). If something is missing, you tell the office so it can request the missing records/bills or confirm they are still pending.
3. Demand goes out: After corrections, the firm finalizes the demand package and sends it to the insurance adjuster. Negotiations typically follow; timing varies by insurer and how complete the documentation is.

Exceptions & Pitfalls

• Missing providers or “side” treatment: Urgent care, imaging, ambulance, and pharmacy charges are easy to overlook; leaving them out can lead to an incomplete demand and unexpected balances later.
• Mixing unrelated medical issues: If the verification includes treatment that is not tied to the injury event, it can create disputes about what the insurer should pay.
• Confusing “billed” vs. “paid” amounts: Some demands focus on charges; others track amounts paid/owed. If the verification is unclear, ask the office what number is being used and why.
• Liens and repayment claims: Medical-provider liens are only one category. Health insurance and government benefit programs may also assert repayment rights that must be handled before final distribution.
• Rushing the demand: Sending a demand before key records arrive can reduce credibility and may force repeated supplements, slowing negotiations.

Conclusion

A pre-demand verification is a practical review step (not a required court form) used in North Carolina personal injury claims to make sure your demand is accurate before it is sent to the insurer. You should confirm the provider list, treatment dates, injury summary, and the medical bills/payments shown, and flag anything missing or wrong—especially items that could affect liens or outstanding balances. Next step: return your corrections and confirmation to your lawyer promptly so the demand can be finalized and sent.

Talk to a Personal Injury Attorney

If you’re dealing with a personal injury claim and you’re being asked to approve a pre-demand verification before a demand is sent, an experienced attorney can help you understand what you’re signing off on, what documents should be included, and what timelines to watch. Reach out today.

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.