Short Answer

In North Carolina, the court‑appointed personal representative (PR) is the person with authority to gather a decedent’s medical and insurance records. Wrongful death proceeds are not estate assets and generally aren’t available to pay ordinary debts; only limited burial and injury‑related medical expenses may be paid, subject to statutory caps. To find coverage and identify lien holders, qualify a PR, request itemized bills and insurance explanations of benefits, and contact Medicare, Medicaid, and any private or employer plans for lien statements.

Understanding the Problem

You want to know how to locate medical billing and insurance information so you can clear liens in a North Carolina wrongful death case. The key decision is: how do you, as the family, lawfully obtain those records and confirm any payors or liens? Here, the family hasn’t received any medical bills, and they are worried unpaid charges could overwhelm a contingency‑fee wrongful death recovery.

Apply the Law

Under North Carolina law, a wrongful death claim is brought by a personal representative or collector. That fiduciary, once qualified, can obtain the decedent’s medical and insurance information and must sort valid claims from invalid ones. Wrongful death proceeds are not estate assets and are generally shielded from the decedent’s creditors, except that burial expenses and reasonable injury‑related medical and hospital bills may be paid in limited amounts. The Clerk of Superior Court oversees estates and approves certain medical and hospital claims paid from wrongful death proceeds. If the decedent received Medicaid, the PR must give personal notice to the state health agency within 75 days after letters are issued. Government programs and certain health plans have special reimbursement rights that can override some caps.

Key Requirements

• Authority: A court‑appointed personal representative (or collector) must be qualified to request the decedent’s medical and insurance records and to handle claims.
• Identify coverage and liens: Contact Medicare, Medicaid, private or employer health plans, and any state employee plan to confirm eligibility, payments made, and lien or subrogation claims.
• Wrongful death limits: Wrongful death proceeds aren’t estate assets; only burial costs and reasonable, injury‑related medical/hospital bills can be paid from them, subject to dollar and percentage caps.
• Clerk oversight: The Clerk of Superior Court approves hospital and medical claims paid from wrongful death proceeds and may require a separate accounting for those funds.
• Notices and deadlines: If the decedent received Medicaid, the PR must send personal notice to the Division of Health Benefits within 75 days after qualification; general creditor notice is not required if the only asset is a wrongful death claim.
• Provider liens: Medical providers may assert statutory liens on tort recoveries; government programs (e.g., Medicare) and some plans have reimbursement rights that must be addressed before distribution.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death damages) – Who may sue; what can be paid from proceeds; caps on medical/hospital expenses.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Publication exception when only asset is a wrongful death claim; 75‑day personal notice rules.
• North Carolina Gen. Stat. § 108A-57 (Medicaid third‑party liability) – State Medicaid lien and reimbursement framework.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) and § 44-50 (Lien enforcement; caps) – Provider lien rights on personal injury recoveries.

Analysis

Apply the Rule to the Facts: Because the family has not received bills, the first priority is to qualify a personal representative so you have legal authority to request the decedent’s medical and insurance records. With letters in hand, the PR can obtain itemized bills, explanations of benefits, and payer data from providers, Medicare, Medicaid, and any private plans. Given the wrongful death caps on injury‑related medical payments and the special rights of Medicare/Medicaid, verifying coverage early helps manage the risk that bills could exceed the net recovery.

Process & Timing

1. Who files: A family member eligible to serve as PR. Where: Clerk of Superior Court in the North Carolina county of the decedent’s domicile. What: Apply for Letters (e.g., Application for Letters of Administration, AOC‑E‑202; or Letters Testamentary, AOC‑E‑201). When: As soon as practical to enable record requests and notices.
2. Using the Letters, send written requests with proof of authority to hospitals, EMS/ambulance, and treating practices for itemized bills and medical records; request eligibility and payment data from Medicare (via the recovery contractor), the NC Division of Health Benefits (Medicaid), any private or employer health plan, and—if applicable—the State Health Plan or VA. Response times vary from 2–8+ weeks depending on the agency and county practices.
3. Compile a ledger of injury‑related charges and payer payments; request formal lien/claim statements from Medicare/Medicaid and any plan with subrogation rights. Before distributing wrongful death proceeds, allocate and seek Clerk approval for any hospital/medical payments from the proceeds, comply with any required court approval of the settlement, then distribute the balance to the statutory beneficiaries.

Exceptions & Pitfalls

• Only a qualified PR (or collector) can access protected medical and insurance information; without Letters, providers and insurers may refuse requests.
• Wrongful death proceeds are generally shielded from ordinary debts; do not commingle them with estate assets and do not overpay medical bills beyond statutory caps without confirming legal authority.
• Medicare must be reimbursed from related recoveries even when state caps would otherwise limit medical payments; Medicaid and certain plans (e.g., state employee plan) also have special rights.
• If the wrongful death claim is the only estate asset, publication of creditor notice is not required; however, personal notice obligations and lien resolution still apply.
• Ask providers to separate injury‑related charges from unrelated care; paying unrelated bills from wrongful death proceeds can create accounting and approval problems.

Talk to a Wrongful Death Attorney

If you’re dealing with locating medical billing and insurance coverage after a wrongful death, our firm has experienced attorneys who can help you understand your options and timelines. 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.