Short Answer

In North Carolina, seek prompt, appropriate medical care and follow your providers’ instructions—this both protects your health and meets your legal duty to reduce (mitigate) your losses. Tell your lawyer about every provider you see and keep consistent treatment and records. Most personal-injury lawsuits must be filed within three years, and you may have medical payments (“MedPay”) coverage under your own auto policy that can help with bills, regardless of fault.

Understanding the Problem

You’re asking: In North Carolina, what should I do now—medically and legally—if I’m still in severe pain after a crash? You (the injured person) need to choose the right treatment and protect your claim. You report ongoing concussion symptoms and severe pain, which makes timely evaluation and consistent care especially important.

Apply the Law

North Carolina law expects an injured person to get reasonable care and follow through, both for health and to avoid reducing recoverable damages. You control your medical choices; insurers cannot pick your providers. Claims usually begin with the at-fault driver’s insurer, but if settlement is not reached, you file a civil complaint in the county where the crash occurred or where the defendant lives, through the Clerk of Superior Court. The core deadline for most injury suits is three years from the crash, though insurance notice obligations may be sooner under your policy.

Key Requirements

• Prompt evaluation: See a qualified medical provider quickly and follow recommended care to document symptoms and reduce injury complications.
• Consistent treatment: Avoid gaps; keep appointments; ask for referrals (for example, neurology or a concussion clinic) when symptoms persist.
• Complete documentation: Tell every provider how the crash happened, list all symptoms, save bills, keep a pain/work journal, and obtain work notes if you must miss work.
• Insurance notice and coverage: Notify your auto insurer promptly; explore MedPay benefits and health insurance coordination.
• Preserve the claim: If you cannot resolve the claim, file a civil complaint in Superior or District Court within the three-year limitations period.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for most personal injury claims) - sets the general three-year deadline to file suit.
• N.C. Gen. Stat. § 20-279.21 (Auto insurance coverages) - includes medical payments coverage that may pay crash-related medical bills regardless of fault.
• N.C. Gen. Stat. § 8-58.1 (Medical bills and records) - supports using medical bills/records to prove treatment and charges.

Analysis

Apply the Rule to the Facts: Because you have concussion symptoms and severe pain, promptly see a primary care provider or urgent/neurology clinic and follow the treatment plan. Continuing physical therapy is good; consider additional providers (such as a concussion clinic or neurologist) based on medical advice, and coordinate care so your records are consistent. Tell your lawyer about all providers, keep work notes for any missed time, and explore MedPay benefits to help with bills. If the insurance claim does not resolve, remember the three-year filing deadline.

Process & Timing

1. Who files: You (or your attorney). Where: Start with a claim to the at-fault driver’s insurer; submit any MedPay claim to your own insurer. If suit is needed, file in the Clerk of Superior Court in the county of the crash or defendant’s residence. What: Pre-suit demand with medical records/bills; MedPay claim through your policy; if suing, file a Complaint and Civil Summons (AOC-CV-100). When: Aim to give insurers prompt notice; file any lawsuit within three years of the crash.
2. Insurer reviews liability and medical documentation; you continue treatment and provide updated records. Negotiations typically follow once you reach a stable point in treatment or have clear future-care recommendations. Timelines vary by county and insurer.
3. If unresolved, litigation proceeds (service of summons/complaint, discovery, motions). The case ends with a settlement, dismissal, or judgment.

Exceptions & Pitfalls

• Contributory negligence: If you are found even slightly at fault, recovery can be barred; careful documentation of how the crash happened matters.
• Gaps or noncompliance in care: Skipping appointments or ignoring medical advice can reduce damages and slow healing.
• Policy notice traps: Auto policies often require prompt notice; late notice can jeopardize coverage (including MedPay or UM/UIM).
• Overbroad medical releases/recorded statements: Do not sign blanket authorizations or give recorded statements to the other insurer without legal guidance.
• Government defendants/different venues: Claims against government entities can have different procedures and timelines; confirm the right forum and deadline early.

Talk to a Personal Injury Attorney

If you're dealing with ongoing pain and need additional treatment after a North Carolina crash, 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.