Short Answer

In North Carolina, your demand should include the complete medical records and itemized bills from every provider who treated your injuries, plus proof of what your health insurer actually paid and any balances still owed. Include records that link your treatment to the incident, and organize charges, payments, and remaining balances. North Carolina evidence rules focus on amounts paid to satisfy bills, so showing both billed and paid amounts helps value the claim and address liens.

Understanding the Problem

In North Carolina, how do you assemble the right medical records and bills to support a personal injury settlement demand to the liability insurer? You (or your attorney) need to gather clear proof of your injuries, treatment, and the amounts charged and paid, before sending the demand. One key fact here is that you are currently treating with a chiropractor for soft-tissue back and knee injuries.

Apply the Law

North Carolina personal injury claims are evaluated using your medical records to prove injury and causation, and your bills to prove medical expenses. Insurers and courts look at both the amounts providers charged and the amounts actually paid to satisfy those charges. Chiropractor records and bills count as medical documentation. If the case later goes to court, the main civil forum is the county Superior or District Court, and the general deadline to file suit for personal injury is three years from the injury date.

Key Requirements

• Complete treatment records: Obtain full records from every treating provider for the injury (e.g., chiropractor, primary care, urgent care, imaging centers), not just visit summaries.
• Itemized bills: Get itemized statements from each provider showing CPT codes, dates of service, and total charges.
• Proof of amounts paid: Collect health insurance explanations of benefits (EOBs) or ledgers showing what was paid on each bill and any patient responsibility.
• Causation details: Include records that connect your symptoms and diagnoses to the incident (initial HPI, diagnoses, treatment plan, imaging reports).
• Outstanding balances and liens: Identify any balances still owed and any provider or plan lien/subrogation claims related to the incident.
• Relevant prior records (if any): If you had recent treatment to the same body parts, gather limited prior records to clarify baseline vs. new aggravation.

What the Statutes Say

• N.C. R. Evid. 414 (Amounts paid vs. billed) – In court, medical expense evidence is limited to amounts actually paid to satisfy the bills, plus any remaining obligation.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) – Providers may assert a lien on injury recoveries when they furnish records/bills.
• N.C. Gen. Stat. § 44-50 (Lien limits and distribution) – Total enforceable medical liens are capped in relation to the net recovery after attorney’s fees.
• N.C. Gen. Stat. § 1-52 (Three-year limit) – General three-year statute of limitations for negligence-based personal injury claims.

Analysis

Apply the Rule to the Facts: Because you are treating for soft-tissue back and knee injuries with a chiropractor, gather the chiropractor’s full chart and itemized bills, plus any earlier urgent care or primary care records that documented the initial injury and referrals. Since you have private insurance, include EOBs and payment ledgers to show what was paid and any outstanding balances; this aligns with the focus on amounts paid under North Carolina evidence rules. With no wage claim, your packet centers on medical causation, treatment, and the paid-versus-billed amounts, along with any liens.

Process & Timing

1. Who files: Your attorney. Where: Each provider’s medical records/billing department in North Carolina. What: HIPAA-compliant medical record requests and requests for itemized billing; ask your insurer for EOBs/paid ledgers. When: Request once treatment stabilizes or at set intervals; providers often take 2–4 weeks to process.
2. Reconcile records and bills: match each date of service to the itemized charge and the insurer’s payment; note any balances and lien notices. This can take 1–2 weeks depending on provider response times.
3. Assemble the demand: include a medical chronology, key diagnostic and treatment records, itemized bills, EOBs/paid amounts, and lien information; then send the packet to the liability adjuster.

Exceptions & Pitfalls

• Gaps in treatment or missing initial evaluation notes weaken causation; make sure the first visit and diagnosis are included.
• Submitting only billing summaries is not enough; provide full records and itemized bills for each provider.
• Amounts billed vs. paid matter; include EOBs to show what was actually paid and any patient responsibility.
• Health plan reimbursement rights vary; verify any lien or subrogation claims early and track them.
• Limit record requests to relevant body parts and timeframes; overbroad authorizations can delay processing and raise privacy issues.
• If new providers are added (e.g., imaging or physical therapy), update your records and bills before sending the demand.

Talk to a Personal Injury Attorney

If you’re dealing with documenting medical records and bills for a personal injury demand, 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.