More details to this question:
My fiancées father was killed in a hit and run, she and her sisters are trying to sue the woman’s insurance company. They just found out he was previously married but nobody is sure if they got a divorce or not. Would his “spouse” get any of the potential lawsuit winnings?
1 ANSWER
When someone is killed in an accident, an estate is created for that person. Both the person's children and his or her spouse could recover damages from a lawsuit. However, to do so, they would need to be Plaintiff's to the lawsuit. Also, the spouse and the children could each have separate lawyers representing them in a lawsuit. If the spouse is not a party to a lawsuit, that person would not receive any of the money recovered.
Answered on Oct 06th, 2020 at 5:39 AM
J. Allen Fiorletta The Fiorletta Law Group, PLLC 1-855-ALLEN-WINS (616) 717-1334 www.fiorlettalaw.com