If the other side won’t agree to reimbursement in the final order, can the judge still approve reimbursement and how would that dispute be handled? – North Carolina Short Answer Yes. In North Carolina wrongful-death cases, the court (often the Clerk of Superior Court, and sometimes a Superior Court judge) can approve and order reimbursement…
Who receives the funeral expense reimbursement paymentthe person who paid the bill or the estate? – North Carolina Short Answer In North Carolina wrongful-death settlements, funeral (burial) expenses are typically paid or reimbursed out of the wrongful-death proceeds before the remainder is distributed to the heirs. As a practical matter, the reimbursement should generally go…
How do I get the hospital to release my spouse’s body to me and prevent the state from taking custody while I handle funeral arrangements? – North Carolina Short Answer In North Carolina, a surviving spouse generally has first priority to control final disposition and to claim the body for funeral arrangements, but a hospital…
About how long does it usually take for a fatal accident report to be completed and posted? – North Carolina Short Answer In North Carolina, an investigating law enforcement officer generally must prepare the initial written crash report within 24 hours of the crash, and the report then moves through agency and DMV processing before…
Who has legal priority to make decisions and sign paperwork when there is a surviving spouse but another relative handled things first? – North Carolina Short Answer In North Carolina, being the surviving spouse often puts a person first in line to be appointed by the Clerk of Superior Court as the estate’s personal representative…
Who is allowed to request a fatal accident report on behalf of someone who died? – North Carolina Short Answer In North Carolina, a law-enforcement crash report (including a fatal crash report) is generally a public record once it exists, so it can usually be requested by any member of the public. If the report…
Who should speak with the trooper, the sheriff, and the insurance companies about the crash, and should I avoid talking to them while represented? – North Carolina Short Answer In North Carolina wrongful death cases, it is usually best for the estate’s attorney to handle substantive communications with the trooper/sheriff and with any insurance company…
Can I apply for a spousal allowance and a family allowance while the wrongful death case is pending, and will that change the payout later? – North Carolina Short Answer Yes. In North Carolina, a surviving spouse (and certain minor children) can seek statutory estate allowances during estate administration even while a wrongful death claim…
How do I find the driver’s identity and accident report so I can understand what happened and preserve my rights? – North Carolina Short Answer In North Carolina, the quickest way to identify the driver and get the basic facts is usually to request the law enforcement crash report. Reports made by the investigating officer…
Can a representative for an estate request and receive the accident report before it is publicly posted online? – North Carolina Short Answer Yes. In North Carolina, a law-enforcement crash report is a public record, so an estate representative can usually request and receive a copy without waiting for it to appear on any website.…