Articles Posted in Wrongful Death

When the changes to the State Employee Health Plan lien were enacted on October 1, 2006, the Legislature specifically exempted the SEHP from the $4,500 cap that is normally placed on medical providers collecting from wrongful death settlements. Specifically, the Wrongful death Act (N.C.G.S. § 28A-18-2(a) ) was amended to say: The limitations on recovery…

The North Carolina Court of Appeals has ruled today that a plaintiff is not entitled to recover punitive damages from an Estate of a tortfeasor. In the matter of Harrell v. Estate of Perry, the COA addressed an appeal from a Superior Court where the Superior Court had ruled that pursuant to NC Rule of…

Under the North Carolina wrongful death statute, NCGS 28A-18, medical providers that have helped treat a person who then dies can only recover a maximum of $4,500 from a wrongful death settlement. Unfortunately, that cap does not apply to Medicaid’s lien if they have paid over $4,500 in medical bills. That’s an amazingly low number…