Legal Question in Medical Malpractice in Utah

How will settlement be divided or will it be divided?

I have my minor daughter from a previous relationship in my custody. Her father and I have both married other people and had children since that time.My daughter and I have maintained a relationship with her father and his family over the years untill his death in Nov.We hired an attorney and he and his expert witnesses have determined his death was due to malpractice, which will be filed very shortly. The family ( wife and son of decedent)has not filed a suit and I don't know if they will.To my knowledge they have not even seen an attorney yet. When we file, will they automatically be included in our lawsuit and if they are included or file on their own, how would the money be divided?


Asked on 5/03/01, 10:10 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: How will settlement be divided or will it be divided?

If you file, you can only file in the name of your daughter. After the divorce you lost the right to claim damages. However, your daughter is entitled to recover. Generally, the heirarchy of recovery goes to the wife first, then to the children of the deceased in equal amounts. His estate should bring an action, generally through the wife, which may or may not include the daughter. It would be best to discuss this matter with the new wife and coordinate your efforts.

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Answered on 6/18/01, 7:06 pm


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