Can I still make a claim if the hospital didn’t do any scans and I didn’t follow up with a doctor? – North Carolina

Short Answer

Yes. In North Carolina, a lack of scans at the first hospital visit and a gap in follow-up care usually does not automatically prevent an injury claim after a crash. However, it can make the case harder because the insurance company will often argue the injuries were minor, unrelated, or made worse by the delay. The key is proving the crash caused the injuries and acting before the statute of limitations runs.

Understanding the Problem

In North Carolina car-crash cases, a common question is whether a person can still pursue compensation when a hospital visit happened the same day as the collision but no imaging was done, and no doctor follow-up happened afterward. The decision point is whether the claim can still be made even though the medical record may look “thin” early on. The core issue is proof: showing that the collision caused real injuries and that the claim is brought on time.

Apply the Law

North Carolina generally allows an injured person to bring a negligence claim when another driver’s careless conduct causes injury. Medical records are important evidence, but North Carolina law does not require a specific test (like a CT scan or MRI) at the first hospital visit to “qualify” for a claim. The practical problem is that delayed or limited treatment can give the defense room to dispute causation (whether the crash caused the condition) and damages (how serious the injury is). If a lawsuit becomes necessary, it is filed in the North Carolina General Court of Justice (typically the Superior Court or District Court, depending on the case).

Key Requirements

• Fault (negligence): Another driver must have breached a safety duty (for example, crossing the center line or failing to keep a proper lookout).
• Causation: The crash must be a cause of the injuries being claimed, not a separate event or a preexisting condition acting alone.
• Damages supported by evidence: The claim must be supported by proof of harm (medical records, symptoms, work impact, and other documentation), even if early records are limited.

What the Statutes Say

• N.C. Gen. Stat. § 1-17 (Disabilities) – explains when the statute of limitations may be tolled for minors or legally incompetent persons.
• N.C. Gen. Stat. § 1-20 (Disability must exist when right of action accrues) – limits tolling to disabilities that exist when the claim accrues.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) – places the burden on the defendant to prove contributory negligence when it is asserted as a defense.

Analysis

Apply the Rule to the Facts: The facts describe a head-on collision with a front-seat passenger who blacked out and went to the hospital the same day, but the hospital did not perform imaging and there was no follow-up care. Those facts can still support a claim because same-day treatment helps document timing and symptoms, even if the workup was limited. The main challenge is causation and damages: without scans and follow-up, the insurer may argue there is not enough proof that the crash caused a specific injury or that the injury was serious.

Process & Timing

1. Who files: the injured person (or, in a fatal case, the estate’s personal representative). Where: typically the North Carolina General Court of Justice in the county where the crash happened or where a defendant resides. What: a civil complaint alleging negligence and damages, plus proper service of process. When: before the applicable statute of limitations expires (deadlines can vary by claim type and parties involved).
2. Building proof: gather the crash report, witness information, photos, hospital records from the same-day visit, and any later records if treatment starts. A later evaluation can still document symptoms, diagnoses, and restrictions, but the gap usually needs to be explained clearly and consistently.
3. Resolution path: many cases start with an insurance claim and settlement discussions; if the insurer disputes causation or value, the case may move into litigation, where medical records and testimony become central.

Exceptions & Pitfalls

• “No scans” is not the same as “no injury,” but it invites disputes: emergency departments often focus on ruling out life-threatening issues; an insurer may still argue that the lack of imaging means there was no significant injury at the time.
• Gaps in care can be framed as a causation problem: the defense may claim symptoms came from something else that happened after the crash. Consistent symptom history and prompt evaluation once symptoms persist can help address this.
• Failure to mitigate arguments: insurers commonly argue that waiting to follow up made the condition worse. That does not automatically defeat a claim, but it can affect how damages are viewed and what is considered reasonable.
• Contributory negligence issues: North Carolina follows contributory negligence rules in many negligence cases, and defendants may look for any conduct to blame on the injured person. By statute, the defendant bears the burden of proving contributory negligence when asserted. See N.C. Gen. Stat. § 1-139.
• Tolling is limited: some deadlines can be tolled for minors or legal incompetency, but those rules are specific and fact-dependent. See N.C. Gen. Stat. § 1-17 and N.C. Gen. Stat. § 1-20.

Conclusion

In North Carolina, a crash claim can still move forward even if the hospital did not order scans and there was no follow-up doctor visit. The case usually turns on proving fault, proving the crash caused the injuries, and supporting damages with credible evidence despite the early documentation gap. The most important next step is to start documenting symptoms and obtain an appropriate medical evaluation, then file a claim (and, if needed, a lawsuit) before the statute of limitations deadline expires.

Talk to a Wrongful Death Attorney

If a crash led to injuries and the early medical record is thin because no scans were done and follow-up care did not happen, our firm has experienced attorneys who can help explain options, evidence needs, and timelines under North Carolina law. 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.