Short Answer

In North Carolina, you document medical causation with prompt medical evaluations, objective testing, and a clear medical opinion that the crash more likely than not caused or aggravated your gallbladder and liver problems. Use treating-provider records and, if needed, sworn statements to connect your symptoms and imaging to the collision, then preserve and authenticate those records for the insurance claim or court.

Understanding the Problem

In North Carolina personal injury cases, the question is: how can I show that a car crash caused or aggravated my internal injuries so the insurer or a court will accept it? Here, the injured person was rear‑ended, had back and abdominal pain, and an ER ultrasound showed gallbladder thickening and liver changes that were not present before.

Apply the Law

North Carolina law requires proof by a preponderance of the evidence (more likely than not) that the collision caused, or aggravated, your condition. Treating providers can give opinions on diagnosis, causation, and necessity of care if their opinions are based on their treatment and reliable methods. Medical records and bills can be admitted through the business‑records rules, often with a custodian certification rather than live testimony. Personal injury lawsuits are filed in the county trial courts (District or Superior Court depending on the amount in controversy), and most negligence claims must be filed within three years of the crash.

Key Requirements

• Prompt, consistent treatment: Get evaluated immediately and follow through with OB, surgical, and other referrals; gaps undermine causation.
• Objective proof: Keep imaging and lab results (e.g., ultrasound findings) and any “before vs. after” comparisons noted by providers.
• Medical opinion on causation: Ask a treating provider to state that the crash more likely than not caused or aggravated your gallbladder/liver condition.
• Authenticated records: Obtain certified medical records or a custodian affidavit so records and bills can be used without live testimony.
• Deadlines and forum: Preserve your claim with the insurer and, if needed, file suit within the three‑year limitation period.

What the Statutes Say

• North Carolina Rule of Evidence 702 (Opinion testimony) – Treating providers may give opinions if based on sufficient facts and reliable methods.
• North Carolina Rule of Evidence 803(6) (Business records) – Medical records can be admitted as records of a regularly conducted activity.
• North Carolina Rule of Evidence 902 (Self‑authentication) – Certain records, including certified business records, can be self‑authenticating.
• N.C. Gen. Stat. § 8‑58.1 (Medical bills) – Itemized medical bills may serve as prima facie evidence of the reasonableness of charges.
• N.C. Gen. Stat. § 1‑52 (Limitations—three years) – General three‑year period for negligence claims.

Analysis

Apply the Rule to the Facts: The ER ultrasound showing new gallbladder thickening and liver changes provides objective, time‑stamped evidence close in time to the rear‑end crash. Your OB and the general surgeon can document whether trauma more likely than not caused or aggravated these findings and that the follow‑up care is medically necessary. Coordinating chiropractic care with your OB and surgeon helps ensure records are consistent about pregnancy‑safe treatment and injury‑related symptoms.

Process & Timing

1. Who files: You (or your attorney). Where: Start with claims to the at‑fault driver’s insurer and your own insurer for UIM; if litigation is needed, file in the civil division of the county trial court where the crash occurred or the defendant resides. What: Send a preservation/notice letter; request certified medical records and itemized bills; seek a treating‑provider causation letter; if filing suit, file a complaint and use subpoenas for records if needed. When: Aim to assemble records within 30–90 days; file any lawsuit within three years of the crash; notify your UIM insurer early and obtain written consent before settling with the liability carrier.
2. Collect and authenticate records: request complete ER, OB, and surgical records; obtain custodian certifications for business‑records admissibility; schedule treating‑provider depositions if a sworn opinion is needed. Timeframes vary by provider and county practice.
3. Present the claim: send a demand package with records, bills, imaging, and the causation opinion; if unresolved, present the same proof in court through certified records, custodians, and treating‑provider testimony. Expected outcome is settlement or, if litigated, a verdict.

Exceptions & Pitfalls

• Preexisting or unrelated conditions: If records show longstanding gallbladder or liver disease, you’ll need a clear opinion that the crash aggravated it.
• Gaps or inconsistent care: Delays in follow‑up or inconsistent symptom reports weaken causation; keep appointments and document pregnancy‑safe care.
• Authentication issues: Uncertified records or lack of a custodian affidavit can delay or block admissibility; obtain certifications with the records.
• UIM consent trap: Settling with the liability insurer without your UIM carrier’s written consent can jeopardize UIM benefits; give prompt notice and follow your policy.
• Contributory negligence: North Carolina’s contributory negligence rule can defeat recovery if you’re found even slightly at fault; keep statements factual and consistent.

Talk to a Personal Injury Attorney

If you’re dealing with medical causation questions after a North Carolina car 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.