Medical Liens in North Carolina
A lien is a legal claim against your personal injury settlement by a third party who paid for your medical treatment. In North Carolina, liens from hospitals, health insurers, Medicare, and Medicaid must be addressed before you receive your net settlement funds.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Contributory negligence
Fault System
3 years
Filing Deadline
$12,000 – $58,000
Avg Settlement
Types of Medical Liens in North Carolina
Hospital Liens
North Carolina hospitals that treated you for accident injuries may file a hospital lien against your settlement to recover unpaid bills. The lien attaches to your recovery before you are paid.
Health Insurance Subrogation
If your health insurer paid your medical bills, they have a subrogation right to be reimbursed from your settlement. Many states allow negotiation to reduce these amounts.
Medicare & Medicaid
Federal law requires Medicare and Medicaid liens to be paid in full — with limited exceptions. Your attorney must resolve these before settlement funds are distributed.
Workers' Compensation
If workers' comp covered your treatment for a work-related injury in North Carolina, they have a lien on any third-party recovery you obtain.
North Carolina Injury Law Overview
North Carolina maintains the strict contributory negligence doctrine, one of only four states to do so. Even the slightest fault on the part of the plaintiff completely eliminates any right to recover damages. This rule makes defendant attorneys aggressively investigate plaintiff conduct for any potential fault, and it makes it imperative for injured victims to avoid making statements before consulting an attorney. The statute of limitations is 3 years. North Carolina does not require no-fault PIP insurance. North Carolina courts see substantial personal injury litigation involving auto accidents on its growing interstate network, construction site injuries, and premises liability at commercial properties. The state caps noneconomic damages in medical malpractice cases at $500,000 under N.C. Gen. Stat. § 90-21.19. North Carolina has no general cap on compensatory damages in other personal injury cases. Punitive damages require proof by clear and convincing evidence of fraud, malice, or willful or wanton conduct, and are capped at three times compensatory damages or $250,000, whichever is greater.