Wrongful Death

If I keep getting medical bills while my case is pending, what should I do with them? – North Carolina

Short Answer

In North Carolina, keep every new medical bill and send a copy to the law firm handling the claim as soon as it arrives. Do not ignore bills or collection notices just because a claim is pending, because providers and insurers may still expect payment and may assert lien or repayment rights out of any settlement. Also keep proof of what was billed, what insurance paid, and what (if anything) remains owed so the claim can be documented and any liens can be addressed before money is disbursed.

Understanding the Problem

When an injury claim is pending in North Carolina and medical treatment is still ongoing, medical providers and insurers often continue to send bills, statements, and “past due” notices while the claim is being negotiated. The practical question is what to do with each new bill so the claim stays organized, the damages are properly documented, and any repayment or lien issues do not delay settlement distribution. The key decision point is whether the bill is new, corrected, or a collection notice tied to treatment for the same injuries.

Apply the Law

Under North Carolina law, medical providers can have lien rights that attach to funds recovered for an injury, and the attorney who receives settlement funds may have duties to address valid medical claims after notice before disbursing proceeds. In practice, that means ongoing bills matter even while a case is pending: they help prove damages, and they may signal a provider or insurer that could later claim repayment from the settlement. These issues are usually handled through the claim file and the settlement disbursement process rather than by filing something in court right away.

Key Requirements

  • Document the charges: Keep each bill and statement so the claim can show what treatment occurred, when it occurred, and what was charged.
  • Track who paid and what is still owed: Separate provider bills from insurance explanation-of-benefits (EOB) forms so it is clear whether the balance is patient responsibility, pending insurance, or disputed.
  • Preserve and address lien/repayment issues before disbursement: If a provider or plan asserts a lien or repayment right, it typically must be resolved as part of settlement distribution to avoid delays and disputes.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe ongoing treatment (including migraines, neck swelling, and medication adjustments) and a newly received hospital bill after mail forwarding. Because treatment is continuing, new bills are expected and should be added to the claim file so the full medical picture and total charges are documented. The new hospital bill should be promptly provided to the law firm so it can be logged, matched to the correct date of service, and evaluated for insurance payment status and any lien or collection risk.

Process & Timing

  1. Who sends it: The injured person (or a family member helping with paperwork). Where: To the law firm handling the North Carolina claim (usually to the assigned case manager/paralegal and the attorney). What: A copy of the bill (all pages), the envelope if it shows forwarding or a new account number, and any related EOB from health insurance. When: As soon as it is received, especially if it shows “past due,” “final notice,” or a collection warning.
  2. Firm review and organization: The firm typically logs the bill by provider and date of service, checks whether it is a true bill versus an EOB/statement, and confirms whether health insurance, MedPay, or another payer is expected to cover part of it. If the bill looks incorrect (duplicate, wrong patient responsibility, coding issue), the firm may ask for an itemized statement or direct the client to request one so the charge can be verified.
  3. Resolution at settlement: When the claim resolves, the firm generally confirms final balances and any asserted liens/repayment claims, then addresses them as part of the settlement disbursement process before releasing funds.

Exceptions & Pitfalls

  • Confusing bills with EOBs: An EOB often says “this is not a bill.” Sending both the provider bill and the EOB helps show what was charged versus what insurance allowed and paid.
  • Ignoring collection mail: A pending claim does not automatically stop billing or collections. If a collection notice arrives, it should be forwarded to the firm immediately so it can be addressed in a coordinated way.
  • Missing provider identification after moving: After a move and mail forwarding, bills can arrive late or with new account numbers. Keeping the envelope and all pages helps the firm match the bill to the correct provider and date of service.
  • Unclear lien/repayment rights: Some providers and plans may assert lien or repayment rights that can affect settlement distribution. Early identification of the payer/provider reduces last-minute delays.
  • Partial treatment gaps: When symptoms continue (for example, migraines or neck swelling) but treatment is sporadic, the claim file can look incomplete. Keeping a consistent paper trail of visits, prescriptions, and follow-ups helps avoid disputes about whether treatment was related and necessary.

Conclusion

In North Carolina, ongoing medical bills should be saved and promptly provided to the law firm handling the claim so the medical damages are documented and any lien or repayment issues can be handled before settlement funds are disbursed. The safest approach is to send every new bill, statement, and collection notice (plus any insurance EOBs) as soon as it arrives. Next step: forward the new hospital bill to the firm immediately so it can be logged and addressed before any stated due date.

Talk to a Wrongful Death Attorney

If a claim is pending and medical bills keep arriving, our firm has experienced attorneys who can help organize the paperwork, document the damages, and address lien or repayment issues so the case can move forward. Call us today at [CONTACT NUMBER].

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.