Wrongful Death

What should I do if I never receive the paperwork my lawyer mailed for me to sign? – North Carolina

Short Answer

In North Carolina, the practical next step is to contact the law firm promptly to confirm the mailing address and ask for the packet to be re-sent or sent electronically for e-signature. Until the signed medical authorizations are returned, the firm may not be able to request key records (like MRI reports) from providers, which can slow the claim. If timing matters (for example, an upcoming follow-up appointment), ask the firm to prioritize the authorizations needed for the most recent treatment first.

Understanding the Problem

In a North Carolina accident-related claim, can a client move the case forward when a law firm says it mailed paperwork to sign (often medical-record authorizations), but the packet never arrives? The decision point is whether the missing paperwork is preventing the firm from requesting medical records needed to document treatment such as an MRI and any follow-up care. The focus is on what steps to take to confirm delivery, replace the documents, and avoid delays in getting records into the claim file.

Apply the Law

Most accident claims depend on medical records to prove what treatment occurred and when, and to connect symptoms to the incident. Health care providers generally require a valid authorization (often a HIPAA-compliant release) or another lawful basis before releasing records to a law firm. When a signed authorization is required, the claim can stall until the firm receives the signed forms and can submit them to the providers or their records vendors. North Carolina law also allows providers to charge copying and handling fees for medical records, which can affect how quickly records are produced and whether prepayment is required.

Key Requirements

  • Correct contact information: The firm needs the current mailing address (and sometimes an email address or phone number for identity verification) so the authorization packet reaches the right place.
  • Valid signatures on the right forms: Medical providers often reject incomplete authorizations (missing dates, initials, provider names, or scope), which can force a re-send and add delay.
  • Clear scope and timing: The authorization should cover the providers involved (imaging center, hospital, primary care, specialists) and the relevant date ranges so the firm can request the MRI images/report and related notes efficiently.

What the Statutes Say

  • N.C. Gen. Stat. § 90-411 (Record copy fee) – Allows health care providers to charge regulated, per-page fees (and certain minimums) for copying and providing medical records, which can affect record-request logistics and timing.
  • N.C. Gen. Stat. § 90-412 (Electronic medical records) – Confirms providers may keep records electronically and use electronic signatures, which often supports electronic delivery and e-sign options for record-related paperwork depending on the provider and vendor.

Analysis

Apply the Rule to the Facts: Here, the firm needs signed authorizations to request medical records related to an MRI and upcoming follow-up care. Because the packet never arrived, the “valid signatures on the right forms” requirement has not been met, so the firm may be unable to obtain the MRI report/images and related treatment notes. Confirming contact information and switching to a faster delivery method (secure email, portal upload, or e-sign) usually resolves the bottleneck without changing the underlying claim.

Process & Timing

  1. Who initiates: The client or the firm. Where: With the law firm handling the North Carolina claim (by phone and in writing). What: Request a re-send of the authorization packet and ask for an electronic option (secure email/portal/e-sign) if available. When: As soon as the missing packet is noticed, especially if an MRI follow-up appointment is pending.
  2. Confirm and document: Verify the mailing address, apartment/unit number, and any name variations. Ask the firm to confirm the date it was mailed and whether it can be sent by tracked mail or uploaded to a secure client portal. If the firm needs an ID copy for records requests, ask what format is acceptable.
  3. Return and verify acceptance: After signing, return the forms using the firm’s preferred method and ask the firm to confirm receipt and whether anything was rejected as incomplete. Then ask when record requests will be sent and whether the MRI facility requires a separate imaging authorization for the actual films/CD or digital images.

Exceptions & Pitfalls

  • Provider-specific release rules: Some providers accept a general authorization; others require their own form or a separate request for imaging (MRI images vs. the written report).
  • Incomplete forms: Missing dates, unchecked boxes, or unclear provider names can cause a denial and restart the process.
  • Delivery problems: Address errors, mail forwarding, or shared mailboxes can cause packets to disappear. Switching to secure electronic delivery or tracked mail can reduce repeat issues.

Conclusion

If a mailed signature packet never arrives in a North Carolina accident claim, the practical fix is to promptly confirm the mailing address and request the forms be re-sent or delivered electronically so the medical-record authorizations can be signed and returned. Without complete, signed authorizations, the firm may not be able to request MRI records and related treatment documentation, which can slow the claim. The next step is to ask the firm to resend the authorization packet immediately and confirm receipt once it is returned.

Talk to a Wrongful Death Attorney

If you’re dealing with delays because medical-record authorization paperwork never arrived, 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.