What happens next once all the medical records and bills are received? – North Carolina

Short Answer

In a North Carolina wrongful death case, once the medical records and bills are in, the next step is usually to organize the records, confirm the full amount of medical charges related to the final injury/illness, and prepare a settlement demand (or litigation plan) that ties the records to the legal damages being claimed. The firm will also typically start identifying any medical or insurance liens that may have to be addressed before money can be distributed. If one provider’s records or billing are still missing, that gap can delay the demand because the claim needs a complete, defensible damages picture.

Understanding the Problem

In North Carolina, a personal representative handling a wrongful death claim often must wait for complete medical records and itemized billing before taking the next major step with an insurance company or filing strategy. The practical question is what the firm can do once the documentation is complete, and why one missing provider’s records or billing can hold up progress. The decision point is whether the file is complete enough to present a full damages claim tied to the medical treatment that led up to the death.

Apply the Law

North Carolina wrongful death claims are brought by the decedent’s personal representative, and the damages can include medical expenses related to the injury that caused the death. Medical records and bills matter because they help prove what treatment occurred, connect that treatment to the incident, and document the amount of medical charges being claimed. If the case is headed toward settlement, insurers typically expect a complete “demand package” supported by records and billing; if the case is headed toward suit, the same documents help support the allegations and damages proof.

Key Requirements

Complete damages documentation: The file should include the key medical records and the billing that shows what was charged (and, when available, what was paid or still owed) for treatment tied to the final injury/illness.
Causation support: The records should allow the claim to connect the incident to the treatment and, ultimately, to the death, so the medical expenses being claimed make sense in context.
Distribution readiness: Because wrongful death proceeds are handled through the estate process, the personal representative generally needs enough information to address medical bills/liens and later distribute funds correctly.

What the Statutes Say

N.C. Gen. Stat. § 8-58.1 (Medical and funeral charges evidence) – Allows proof of medical/funeral charges with accompanying records and creates presumptions about reasonableness in certain situations.
N.C. Gen. Stat. § 1-22 (Death and limitations timing issues) – Addresses timing when a person dies before a limitation period expires and when a personal representative may commence certain actions; deadlines can be case-specific.

Analysis

Apply the Rule to the Facts: Here, most medical documentation has been received, but one provider’s records and billing are still outstanding. Until that last provider responds, the file may be missing either (1) proof of treatment that helps connect the medical story from injury to death, or (2) the final numbers needed to accurately claim medical expenses and evaluate liens. Once the missing records and bills arrive, the firm can finalize the damages summary and move forward with a demand or the next litigation step without leaving an obvious gap for the insurer to challenge.

Process & Timing

Who gathers: The law firm (with signed authorizations from the personal representative). Where: Requests go to each medical provider and, when needed, billing departments and records vendors. What: Complete chart/records and itemized billing statements for the relevant dates of service. When: As soon as authorizations are in place; follow-ups are common when a provider is slow to respond.
File build and review: The firm organizes records in date order, flags key entries (admission, procedures, complications, discharge, hospice/end-of-life care), and reconciles bills so the totals match the treatment timeline. If something does not line up (missing dates, duplicate charges, unclear balances), the firm typically requests clarification before making a demand.
Demand and lien work: After the records/bills are complete, the firm usually prepares a settlement demand package to the liability insurer and, in parallel, identifies potential liens or reimbursement claims (for example, health insurance payments or government benefits) that may affect the net recovery and timing of distribution.

Exceptions & Pitfalls

One missing provider can change the value: A late-arriving bill can materially change claimed medical expenses, and a late-arriving record can change how clearly the medical timeline supports causation.
Billing vs. records mismatch: Providers sometimes send records without itemized billing (or billing without full records). A demand that relies on incomplete billing can invite disputes about what charges are actually being claimed.
Liens and reimbursement claims: Even after settlement, liens may need to be verified and resolved before funds can be distributed, which can add time after the “records are in” milestone.
Authorization and identity issues: Requests can stall if the provider needs a specific HIPAA authorization format, a certified appointment document for the personal representative, or corrected demographic details.

Conclusion

In North Carolina, once all medical records and bills are received in a wrongful death case, the next step is usually to finalize the medical timeline, confirm the full medical-expense damages being claimed, and prepare a settlement demand (while also identifying and addressing any liens that could affect distribution). When one provider’s records or billing are still missing, that gap can delay the demand because it leaves the damages proof incomplete. The next step is to obtain the outstanding provider packet and then submit the demand to the insurer promptly.

Talk to a Wrongful Death Attorney

If you’re dealing with a wrongful death claim where medical records and billing are still coming in, our firm has experienced attorneys who can help explain what happens next, what is needed for a strong demand, and what timelines to watch. 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.