wrongful death – accidental death
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wrongful death – accidental death
My wife lived in California with me for more than 20 years. She and I have 2 children. She and I had no other children. She has no other close relatives. She died in car. Defendant will send a check to my attorney as compensatory damages. Attorney will send me and my children a check after deducting his fees. What is formula for dividing this money between me and my children? Children are adult.
Asked on May 1, 2009 under Accident Law, California
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
That money belongs to you and your children. Thus, the disposition belongs to you exclusively. The options are yours openly and would depend on your philosophy. So, there is no exact formula. You may split it in three parts, etc. But you can try this. Use 'age versus productivity' as your basis. The older the person is, the sooner he would become less productive. While the younger breed has ample of opportunities that await them. Therefore, the "senior" deserves to have more than the junior. What do you think?
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