Wrongful Death Settlement Lawyer Columbus, Ohio
Are you expecting a wrongful death settlement? We can help.
When a person dies a wrongful death and a settlement is reached in a wrongful death case, the Wrongful Death Settlement must be approved by the county probate court.
Has a loved one passed away and you’re seeking a wrongful death settlement? Get a Free Case Evaluation today.
If you are seeking a settlement for a wrongful death, there are a few things you should know. The probate court will need to know the amount of the settlement, cost of funeral and burial expenses, any final medical bills or other debts related to the wrongful death, attorney fees, case expenses and the net proceeds for the wrongful death claim. The court will also need to know the names and addresses of all of the heirs or beneficiaries of the estate who must either waive notice or be mailed certified letters informing them of the potential Wrongful Death Settlement. The court will set a hearing date and if there are no objections to the settlement and distribution of the settlement, it will approve the settlement the day of the hearing. Let Erney Law in Columbus, Ohio help you prepare you for your wrongful death settlement.
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How are wrongful death settlements paid out in Columbus, Ohio?
Wrongful death settlements are paid in one of two ways: a lump sum or a structured settlement. A lump sum is where the family will receive one large payment to cover the entire loss. This type of payment will give a high level of financial flexibility to cover immediate expenses. This payment is usually spread among family members, typically a spouse, children, parents, and siblings, who are eligible under the Ohio law.
The second type of payment is a structured settlement. This means the settlement winner will receive smaller payments over a long period of time. While providing less financial flexibility to the family immediately, there will be guaranteed money paid on a set schedule for years to come.
How wrongful death settlements are divided among family members in Columbus, Ohio.
If the decedent was married at the time of wrongful death:
- If the spouse is surviving, and there are no children or descendants of children surviving, and no parents surviving, all funds will be awarded to the spouse
- If the spouse is surviving, and there are no children or descendants of children surviving, and one or both parents are surviving, the first $50,000 to the spouse and the remaining proceeds divided in half between the spouse and the surviving parents
- If the spouse is surviving, and there is one child or descendant of one child surviving, the first $30,000 to the spouse and the remaining proceeds divided in half between the spouse and surviving child or decedents from non-surviving child
- If the spouse surviving, and there are two or more children or their descendants, the first $30,000 to the spouse, one-third of the remaining proceeds to the spouse, and two-thirds to the children or descendants
If the decedent was single at the time of wrongful death:
- If children or descendants are surviving, all funds will be awarded to the children or descendants
- If parents are surviving, and there are no children, then all proceeds awarded to the parents
- If the siblings are surviving, and there no parents surviving, the proceeds will be equally divided between siblings
- If there are no children or descendants, no parents, no siblings or descendants, the proceeds will be paid to the paternal and maternal grandparents if they’re surviving. If not surviving, then to paternal uncles, aunts or other descendants.
What's the process?
Personal injury cases can be complicated and not always guaranteed. Our process ensures that every client we represent will receive the best possible financial outcome, and start the healing process.
Free Case Evaluation
We will first review your case carefully, get to know you, and gain an understanding of your injuries.
Monitor Your Care
If injured, we make absolutely sure you are receiving the proper medical treatment during this difficult time.
We Handle Everything
We will relieve the worry and burden of dealing with the insurance companies to ensure the best possible outcome.
Frequently Asked Questions
I settled a wrongful death claim. What do I do next?
In Ohio, the settlement of a wrongful death claim must be approved by the probate court of the county the deceased person lived in.
Who is entitled to the proceeds of the wrongful death claim?
In Ohio, the people entitled to the proceeds of a wrongful death claim are the deceased person’s surviving spouse, children, and parents. If there is no surviving spouse, no children, and no surviving parents, then other relatives, such as siblings and cousins, may be entitled to the proceeds of the wrongful death claim.
Do I have to pay taxes on a wrongful death settlement?
No, the proceeds of a wrongful death settlement are not taxable.
Free Case Evaluation
We're eager to meet with you, see how we can help and give you and your family the personal attention you deserve.
Your case matters to us, just as much as it matters to you. We want to help you every step of the way, but in order to do so, we need to meet with you, get all the facts, and work out the details in order to build your case. We will meet with you for absolutely free, and explain to you in full detail the inner workings of how these situations usually end up, how likely you are to win your case, and how compensation works for you and for us.
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