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Probate Wrongful Death Claim

Lien on Wrongful Death Claim

Unlike Worker’s Compensation benefits, which by statute are property of the surviving spouse and child(ren), a wrongful death claim is generally property of the deceased’s estate. When the NCP is the deceased, CSS can file a lien on the wrongful death claim and request to be paid as a creditor of the estate.

Be aware that there are also likely claims personal to a surviving spouse and/or child(ren), such as loss of consortium and loss of support, that will also have to be addressed. These other claims should be asserted and determined in the same case.

When handling a wrongful death case, file a lien and notify the insurance company. If a settlement is proposed, request an itemized breakdown of the claim, so CSS can determine which parts CSS has a claim to.

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