Here is the situation: several kids are in a horrific car accident, 4 are killed and 1 survives. One of the mother's of one of the deceased children

Question Details: Here is the situation: several kids are in a horrific car accident, 4 are killed and 1 survives. One of the mother's of one of the deceased children wasn't raising her son and lived in another state from him. Is she eligible to the same amount of the insurance money that the other 3 mother's that were raising their children?

Asked 8/17/2009 under Auto Accidents | 282 View(s) | More Legal Topics

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Michael Manes / Michael B. Manes, P.A. Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Florida

I am an attorney in FL that handles these cases.  The mother is not necessarily entitled to the same as the other mothers, however, it depends on a lot of factors that can't be addressed without more informaiton.

Edward Montoya / Montoya | Lopez, P.L. Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Florida

As a Florida lawyer, my experience has taught me that the mother of this child may or may not be entitled to the same compensation as the 3 other mothers.  However, there is no "automatic" right to compensation.  Compensation schemes are determined based on many factors such as the close relationship the mother had with the child and whether the child supported the mother in any way.  These are only 2 of many factors.  Of course, there are many other questions that need to be answered before I can provide a more complete analysis.  Please contact me if you need any additional information.

I am a lawyer in CT and practice in this area of the law.  The next of kin of the child that was killed is the one that will generally receive the proceeds.  Is the out of state mother the legal guardian?  who was raising the daughter?  a relative?  I would ned to know the answers to these questions to provide you with a more definite answer.

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