Can health insurance liens reduce or eliminate the wrongful death recovery for my family? – North Carolina Short Answer In North Carolina, wrongful death proceeds are generally protected from most debts and cannot be taken by ordinary creditors or most private health insurers. From the recovery, the court approves payment of litigation costs and attorney’s…
What happens if medical bills exceed the amount recovered in a wrongful death claim? – North Carolina Short Answer In North Carolina, wrongful death proceeds generally do not pay the decedent’s debts. By statute, only reasonable burial costs and limited medical expenses related to the fatal injury may be paid from the recovery. Medical expenses…
How long does it usually take to wrap up a wrongful death case when we’re waiting on insurance lien responses? – North Carolina Short Answer In North Carolina, you cannot finalize and distribute a wrongful death settlement until all healthcare liens and related claims are identified and resolved. After settlement, clearing Medicare/Medicaid and provider liens…
Will I have to pay any legal fees upfront to open probate or file a wrongful death lawsuit? – North Carolina Short Answer In North Carolina, you can usually hire a wrongful death lawyer on a contingency fee, so you do not pay attorney’s fees upfront. To open the estate, the Clerk of Superior Court…
What evidence do I need to gather to support a wrongful death case in a scooter-car accident? – North Carolina Short Answer In North Carolina, the personal representative of the estate must bring the wrongful death claim and prove the driver’s fault, causation, and legally recognized damages. Focus on preserving and collecting objective evidence like…