What should I be doing in the meantime while we wait for the wrongful death claim to move forward? – North Carolina Short Answer In North Carolina, the personal representative should keep the estate’s probate administration current while the wrongful death claim is pending. That usually means staying on top of required filings with the…
Can I sue the person who caused the death even if there is also a criminal case? – North Carolina Short Answer Yes. In North Carolina, a civil wrongful death and/or survival-type claim can usually move forward even when law enforcement is investigating and the State is prosecuting a related criminal case. The civil case…
If the wrongful death case settles later, how does that affect the estate accounting and distributions? – North Carolina Short Answer In North Carolina, a wrongful death settlement is usually handled through the personal representative, but it is not treated like ordinary “estate money” for who receives it. If the case settles later, the estate’s…
If I accept a settlement, how do I find out what I’ll actually take home after Medicare reimbursement and other liens are paid? – North Carolina Short Answer In North Carolina, the only reliable way to know what will be “take-home” from a settlement is to get a written settlement breakdown that lists the gross…
What are the next steps the attorney will take after reviewing the details of the death? – North Carolina Short Answer In North Carolina, after an attorney reviews the basic details of a death that may support a wrongful death claim, the next steps usually focus on (1) confirming who has legal authority to act…
How do I know whether my situation qualifies as a wrongful death case or something else? – North Carolina Short Answer In North Carolina, a “wrongful death” case usually means a civil claim brought after a person dies because of someone else’s wrongful act, neglect, or fault. The claim is typically brought by the deceased…
If my health insurance paid the hospital bills, do I still get reimbursed in a settlement, and do I have to pay my insurance back? – North Carolina Short Answer In North Carolina, a settlement can still include compensation for medical care even if health insurance paid the hospital bills, but the amount that can…
Will my government-related health benefits have to be paid back from any injury settlement, and can that amount be reduced? – North Carolina Short Answer Often, yes. In North Carolina, when a government-related program pays accident-related medical bills (most commonly Medicaid, and sometimes a state employee health plan), it can have a legal right to…
What kinds of damages can be claimed in a wrongful death case related to a murder? – North Carolina Short Answer In North Carolina, a wrongful death claim arising from a murder can seek damages for the financial losses caused by the death (such as lost income and services), certain expenses (like medical care related…
What information and documents should I gather before talking with the attorney about the murder case? – North Carolina Short Answer Before a follow-up call about a murder-related wrongful death matter in North Carolina, gather documents that (1) identify the decedent and family, (2) show who has legal authority to act for the estate, (3)…
