Survivor Benefits and Claims

Survivor Benefits and Claims

Protect your family’s future and maximize every available recovery

When a loved one dies because of negligence or a workplace incident, families face grief, sudden expenses, and a confusing maze of benefit programs and insurance policies. Each program has its own rules, forms, and deadlines. Some benefits offset others. Some create liens that must be negotiated. Carma Legal coordinates every path so your family’s net recovery is as strong as possible in Nevada and North Carolina. We do not wait for justice. We go get it.

Why families choose Carma Legal

Attorney led strategy

that integrates civil claims with all benefit programs

Immediate evidence and records preservation

so key deadlines are not missed

Net recovery focus

that anticipates offsets, subrogation, and lien issues

Clear, respectful communication

in plain language at every step

Integrity without compromise

in advice and advocacy

Every case is personal. Your family’s goals guide our plan.

The building blocks of recovery after a fatal incident

A strong outcome often combines several sources. We identify and pursue each one, then coordinate the order of claims so benefits are not lost.

Wrongful death and survival claims

Civil claims against negligent drivers, property owners, employers’ contractors, product manufacturers, medical providers, or other third parties. These claims can cover loss of financial support, loss of companionship, funeral costs, and estate based losses. See related pages: Wrongful Death, Fatal Car Accidents, Fatal Workplace Accidents.

Workers’ compensation death benefits

When the death occurs on the job, workers’ compensation may provide specified benefits and funeral contributions without proving fault. These payments rarely reflect the full loss, so we also evaluate third party civil claims to reach full value.

Auto insurance benefits

Household policies can matter even if the at fault driver is uninsured or underinsured. We evaluate Uninsured Motorist and Underinsured Motorist coverage, medical payments coverage, and any funeral benefit riders

Life insurance and AD&D

Individual and employer sponsored life policies, and Accidental Death and Dismemberment policies, can pay significant benefits. We collect policy documents, confirm beneficiary designations, and handle accidental death investigations and exclusions.

Social Security survivors benefits

A surviving spouse, minor children, or other eligible dependents may qualify for monthly benefits if the decedent had sufficient work credits. We coordinate timing with civil recoveries and explain how these benefits interact with other programs.

Veterans survivor benefits

For eligible families, VA Dependency and Indemnity Compensation and Survivors Pension may apply. We gather service records and medical evidence to support the applications.

Crime victim compensation programs

When a crime contributed to the death, state programs may help with funeral costs or counseling. These programs are often time sensitive and documentation heavy. We handle filings and receipts.

Coordinating benefits without losing value
Collecting one benefit can create an offset against another, or a lien against your civil recovery. We anticipate these issues and plan around them.

Healthcare liens and subrogation

Medicare, Medicaid, ERISA health plans, and hospital providers may assert repayment rights. We verify what is legally owed, challenge improper claims, and negotiate reductions.

Workers’ compensation liens and credits

A comp carrier may have a lien on third party recoveries, and civil settlements can affect future comp benefits. We manage sequencing and approvals to protect the family.

UM and UIM consent and notice

Many auto policies require written consent before settling with the at fault carrier. We obtain consent and preserve underinsured benefits.

Set asides and structured options

In rare situations, special planning can protect eligibility for public benefits or provide long term financial stability. We coordinate with trusted financial and tax professionals when appropriate.

Who can bring the claims and receive benefits

We identify each defendant and every available insurance policy to maximize recovery.

We set up the correct legal structure, coordinate probate appointments when required, and obtain court approvals for minor settlements.

Documents and information we collect early

Quick collection of these items speeds approvals and strengthens civil claims.

Our process

Strategy session

Confirm decision makers, map a combined plan for civil claims and benefits, and set deadlines.

Evidence and records preservation

Requests to agencies, employers, hospitals, and insurers. Secure video and electronic logs that expire quickly.

Coverage and benefits audit

Identify all policies and programs. Verify limits, eligibility, and forms.

Filing and coordination

Submit life, AD&D, workers’ compensation, UM or UIM, and survivor benefit claims in the right order.

Civil claim development

Build liability and damages for wrongful death and survival actions.

Lien and offset management

Negotiate healthcare and comp liens and manage consent requirements.

Resolution

Pursue settlement or litigation. Structure distributions and court approvals to protect the family.

Frequently asked questions
Can we pursue workers’ compensation and a civil wrongful death case at the same time
Often yes. Workers’ compensation can pay defined benefits while a civil case pursues full value from negligent third parties. We coordinate both and manage liens.
Life insurance proceeds are usually independent of civil damages. We review details to confirm there is no offset in your situation.
Generally these benefits do not reduce a wrongful death settlement, but timing and eligibility should be considered. We explain how the programs interact.
We evaluate UM and UIM benefits, umbrella policies, and additional responsible parties to expand the recovery.
Often yes, to pursue the survival claim and to sign releases. We guide the appointment of a personal representative and handle required filings.
Strict deadlines apply and vary by program and by state. Contact us quickly so your rights and benefits are protected.
Most civil matters are contingency based. You pay no attorney fee unless compensation is recovered. All terms are provided in writing.

Why Carma Legal is the right fit