What kind of compensation can I pursue for my medical treatment and ongoing therapy after being run over? – North Carolina

Short Answer

In North Carolina, a person injured after being run over can usually pursue compensation for past medical bills, future medical care (including ongoing therapy), and related losses like lost wages and pain and suffering, as long as the driver’s negligence caused the injuries. Even if Medicaid paid some bills, the claim can still include medical-related damages, but Medicaid and medical providers may have reimbursement rights that must be handled before settlement funds are distributed. The practical focus is documenting treatment, proving the need for future care, and connecting the costs to the crash.

Understanding the Problem

Under North Carolina personal-injury law, the core question is what compensation can be pursued for emergency care and ongoing therapy after a pedestrian is hit by a vehicle, when the injuries require continued treatment and prevent working. The decision point is whether the medical treatment and therapy are tied to the crash closely enough that they can be claimed as damages in a bodily-injury claim against the at-fault driver (or other responsible party). The issue often turns on medical documentation, the expected duration of therapy, and whether future care is reasonably expected rather than speculative.

Apply the Law

North Carolina generally allows an injured person to seek “compensatory damages” meant to repay losses caused by the incident. In a run-over/pedestrian injury case, the most common categories include medical expenses (past and future), lost income, and non-economic harm like pain and suffering. Claims are typically pursued through the at-fault driver’s liability insurance first, and if necessary through a lawsuit filed in the appropriate North Carolina trial court.

Key Requirements

• Medical expenses must be connected to the crash: Emergency room care, imaging (including MRIs), follow-up visits, prescriptions, and physical therapy generally need to be supported by records showing they were for crash-related injuries.
• Future care must be reasonably expected: Ongoing therapy and future treatment are usually supported by a treating provider’s plan, referrals, and notes explaining why continued care is needed and for how long.
• Lost income must be documented: Time missed from work and reduced ability to work are typically supported by employer records, pay history, and medical restrictions (work notes, functional limits).

What the Statutes Say

• N.C. Gen. Stat. § 44-49 (Medical provider liens on personal-injury recoveries) – Creates a lien right for certain medical-related charges connected to the injury, which can affect how settlement funds are paid out.
• N.C. Gen. Stat. § 44-50 (Duty to retain funds; lien cap rules) – Addresses how settlement/judgment funds must be handled after notice of medical-related claims and limits the lien amount in many situations.

Analysis

Apply the Rule to the Facts: The reported emergency transport, ER treatment, imaging (including a brain MRI), and continuing physical therapy fit the “medical expenses” category so long as the records link the knee/neck/back and related symptoms to the collision. If medical providers expect more therapy or follow-up care, those anticipated costs may be claimed as future medical expenses when supported by treatment plans and provider opinions. The inability to work can support a lost-wages claim if medical restrictions and wage records show the time missed and the reason work could not be performed.

Process & Timing

1. Who makes the claim: The injured pedestrian (or a legal representative if needed). Where: Usually through the at-fault driver’s auto liability insurer; if a lawsuit is needed, it is filed in the appropriate North Carolina trial court for the county tied to the crash or defendant. What: A demand package typically includes medical records/bills, therapy notes, proof of missed work, and a clear summary tying treatment to the incident.
2. How future therapy is presented: Future care is usually supported with provider notes, referrals, and a projected course of treatment (frequency/duration). Insurers often scrutinize gaps in care, missed appointments, and whether the treatment plan looks consistent with the symptoms.
3. How bills get paid from a settlement: Even when Medicaid coverage exists, settlement funds often must address reimbursement issues and medical-related liens before final disbursement. North Carolina’s medical lien statutes can affect the order and amount of payments after notice of a lien claim.

Exceptions & Pitfalls

• Gaps in treatment: Long breaks in therapy or delayed follow-up can give an insurer room to argue the ongoing problems are not from the crash or are not serious enough to justify continued care.
• Future care that is not well supported: Claims for ongoing therapy are stronger when a provider documents objective findings, functional limits, and a clear plan (rather than a vague “continue as needed”).
• Liens and reimbursement rights: Medicaid and medical providers may have repayment rights that must be resolved as part of settlement distribution. North Carolina’s lien statutes can require holding back funds after notice of a lien claim.

Conclusion

In North Carolina, compensation after being run over can include past medical bills, reasonably expected future medical care (including ongoing therapy), lost wages from time out of work, and pain and suffering, as long as the treatment and losses are tied to the crash. A practical next step is to gather complete medical records and therapy notes and submit them with a claim to the at-fault driver’s insurer, while also identifying and addressing any medical-provider lien notices under North Carolina law.

Talk to a Wrongful Death Attorney

If a pedestrian injury has led to emergency care, ongoing therapy, and time out of work, our firm has experienced attorneys who can help explain what damages may be available, what documentation matters most, and how lien and reimbursement issues can affect a settlement. 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.