questions & answers

Question: My 16 year old son was taken in a fatal car crash. My ex wife and I have been divorced for years and I had sole custody of my son. She is trying to claim the insurance from the wreck after I had filed my claim. What are the laws on this certain situation?

Answer: You may want to find a personal injury lawyer to handle your case or at least talk to a lawyer for legal advice. In Arizona, the distribution of wrongful death proceeds is governed by statute.  Arizona Revised Statutes, section 12-612 sets out who can make a wrongful death claim and how the proceeds are distributed.  Both parents have the right to make a claim.  If one parent files the claim, that parent is considered to be acting on behalf of both parents.  If you and your ex cannot agree on how to divide the insurance money, the insurance company will ask the court to decide.  The statute states that the division is to be based on the relative damages.  In other words, a parent who has had little contact with the child over a period of years will get less than the parent who has been in the child's life and provided support.