Depends on additional factors such as dependency , etc. consult a wrongful death attorney ASAP.
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The question is missing most of the facts needed to provide an answer. The short answer is that usually a court is going to have to tell the insurance company who to pay. To get a general idea of the issues involved, look at my Avvo guide to wrongful death in NY.Other states have different statutes, but most are quite similar to one another.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.
In all wrongful death claims, the law of the state in which the car accident occurred determines who the death beneficiaries are. You will have to a call a local attorney to go over the law of your state and the potential class beneficiaries. The attorney will be able to break down who is entitled to receive a portion of the settlement in the wrongful death claim.
We are a colorado firm that handles wrongful death but I would need more information to be able to answer your question. You can reach me at Burg Simpson 303-792-5595 if you would like more information
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