Short Answer

In North Carolina, you can seek economic damages (medical expenses, lost income, and future care) and non‑economic damages (pain, suffering, and loss of use). Medical expenses are limited to the amounts actually paid or still owed, not the full “sticker price” of bills. If Medicaid paid for your care, the state may assert a lien that must be resolved from any recovery. Most personal injury claims must be filed within three years.

Understanding the Problem

You want to know what compensation North Carolina law allows after a slip on a wet floor injured your arm and led to urgent care, primary care, and specialist treatment with bracing and imaging. The core issue is: what categories of damages can you claim, and how do insurance and Medicaid liens affect the amount you actually receive? This question sits squarely in North Carolina personal injury law and turns on proof of liability, causation, and the types of losses recognized by the courts.

Apply the Law

Under North Carolina law, personal injury damages fall into two main buckets: economic damages (financial losses like medical expenses and lost income) and non‑economic damages (human losses like pain, suffering, and loss of normal activities). Courts admit evidence of medical expenses limited to amounts actually paid or owed, and public or private payers may have reimbursement rights. Claims are pursued in North Carolina civil courts (District or Superior Court, depending on the amount in controversy). Most personal injury actions have a three‑year filing deadline from the date of injury.

Key Requirements

• Liability: Show the property owner or occupier failed to use reasonable care (for example, not fixing or warning about a wet floor).
• Causation: Link the fall to the arm injury and the medical treatment through records and provider opinions.
• Medical expenses: Prove bills were reasonable and necessary; recovery is limited to amounts paid or still owed, not the full billed charges.
• Lost income: Document missed work and any reduced earning capacity tied to the injury.
• Non‑economic harms: Describe pain, suffering, loss of use, and how the arm injury affects daily life.
• Lien compliance: Address Medicaid and provider liens before funds are disbursed from any settlement or judgment.
• Fault rules: North Carolina’s contributory negligence rule can bar recovery if you are found even slightly at fault.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (three-year limit for injury claims) - Most personal injury lawsuits must be filed within three years of the injury.
• North Carolina Rule of Evidence 414 (amount of medical expenses) - Juries see the amounts actually paid or owed, not full billed charges.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien) - The State may assert a lien on injury recoveries to the extent of Medicaid payments, subject to allocation rules and possible court review.
• North Carolina Gen. Stat. § 44-49 (medical provider liens) - Health care providers can assert liens for reasonable charges related to the injury.

Analysis

Apply the Rule to the Facts: Because you slipped on a wet floor, damages turn first on proving the owner failed to act reasonably and that the fall caused your arm injury. Your urgent care, primary care, and specialist records help prove the treatment was reasonable and necessary. Your recoverable medical expenses are limited to amounts actually paid or still owed; if Medicaid paid some bills, it may assert a lien to be repaid from any settlement. Photos and available video can help establish fault and counter contributory negligence arguments.

Process & Timing

1. Who files: The injured person. Where: File an insurance claim; if not resolved, file a lawsuit in the North Carolina county where the incident occurred or where the defendant resides (Clerk of Court; District or Superior Court). What: Civil Summons (AOC-CV-100) and a Complaint stating your damages. When: File suit within three years of the injury.
2. Collect medical records and itemized bills; request a lien statement from North Carolina DHHS (Medicaid) and any providers. Send a settlement demand once treatment stabilizes; timing varies by county and insurer.
3. Settle or proceed to litigation. Before releasing funds, resolve Medicaid and provider liens and obtain written confirmations of satisfaction or reduction; then disburse net proceeds.

Exceptions & Pitfalls

• Contributory negligence: If a jury finds you were even slightly at fault (for example, ignoring a clear warning sign), recovery can be barred.
• Open and obvious or no-notice defenses: Property owners may argue they had no reasonable notice of the spill or it was obvious.
• Medical expense limits: Expect recovery for medical expenses to reflect amounts paid or owed, not the full amounts billed.
• Liens: Medicaid and provider liens must be paid from the recovery; you may seek a court allocation if there is a dispute over how much of the settlement represents medical expenses.
• Treatment gaps: Skipping appointments or stopping care early can undermine causation and reduce damages.
• Evidence preservation: Ask the property owner to preserve video promptly; footage can be overwritten in days or weeks.

Talk to a Personal Injury Attorney

If you're dealing with an arm injury from a slip and fall and want to understand your damages, liens, and timelines, our firm has experienced attorneys who can help you understand your options and next steps. Reach out 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.