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Settlements and Medical Bills

How Much Money Are Medical Care Providers Entitled to From a North Carolina Wrongful Death Settlement?

This is a frequent issue that confronts many families who have lost a loved one to a North Carolina wrongful death. There are several important things to consider.

A good place to start is North Carolina General Statute 28A-18-2 which covers wrongful death claims in North Carolina. As stated in the North Carolina wrongful death statute, any proceeds of a wrongful death are not considered assets of the estate. What does this mean?

Most importantly, this means that if the decedent owed money to people, also called creditors, these people do not have a claim to the wrongful death proceeds. Included in this group of potential creditors are credit card companies, lenders and medical care providers. However, if a medical care provider provided medical care that related to the injury that resulted in death, then the medical care provider is entitled to up to $4,500 of the wrongful death proceeds. In most cases that we have worked on where there was a North Carolina wrongful death, the medical bills associated with the care that was related to the death far exceed $4,500. Under these circumstances, we pro-rate the $4,500 among the qualified medical care providers.

Is This the End of the Story? No.

If the medical bills were paid partly or entirely by Medicaid, Medicare or some other state supported health insurance, it is likely that these bills will need to be paid back regardless of the $4,500 cap.

If you have a question about your family’s rights following a North Carolina wrongful death, contact the lawyers at Hendren, Redwine & Malone for a free consultation.

Client Reviews
Mike Malone was absolutely fabulous to work with. He represented my daughter in a case and we could not have been happier! He was upfront from the beginning about expectations, honest through out the case and above all.. caring! Even though I lived 2 hours away, he was more than willing to accommodate us in any way, even if it meant driving out of his way! Mike is one of the smartest lawyers you will find. I recommend him to everyone! I have known him now over 8 years and we still keep in touch. Thanks Mike. - Christy Smith
Mike Malone is the attorney for an estate wrongful death claim. Mike has helped me through every single step. Mike is intelligent, trustworthy and thorough, and responds quickly and personally to questions. I would highly recommend this firm to anyone who needs an attorney. Mike Malone has proven to work diligently to assist you in every way as well as make sure you understand what is happening. - Jason
Thank you Mike for doing an exceptional job. You were not only extremely professional but also kind,patient and understanding through an extremely difficult time. Thank you again. - Bryan
Mike is very sharp when it comes to understanding a case and how the legal system works. He also has integrity and a strong moral conviction which you won't always find when trying to find good legal counsel. - Camp Davis
Mike Malone was a pleasure to work with on a case involving negligence of another attorney in a real estate transaction. Mike was very eager to help us recover money lost in our case. Highly recommended! - Mariusz Stanczyk