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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.

No fees unless your case wins

No fees unless your case wins

Contact us directly anytime

Contact us directly anytime

Free no obligation case evaluation

Free, no-obligation case evaluation

Fair and full justice you deserve

Fair and full justice you deserve

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 Our Clients Say

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.

Step One - Free Case Evaluation

Free Case Evaluation

Our law firm will first review your case carefully, get to know you, and gain an understanding of your injuries during your free consultation.

Step Two - Monitor Your Care

Monitor Your Care

We ensure you are receiving the proper medical treatment during this difficult time.

Step Three - We Handle Everything

We Handle Everything

We will relieve the worry and burden of dealing with the insurance companies and maximize your financial recovery.

Your Attorneys Mary Erney & Rob Erney

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.

Erney Law Logo Mark White

Free Consultation

Erney Law is your legal team of personal injury lawyers in Columbus, Ohio. We’re eager to meet with you, find ways to 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 are Columbus personal injury attorneys and we will help every step of the way. But we need you to take the first step with a FREE CONSULTATION.

Meet with us at our offices so we can get all the facts and details to build your successful personal injury case. It’s time for you and your family to move past the mental and physical pain, and recover the fair compensation for your injuries that you deserve.

Practice Areas
Cities We Serve
Ashville, Ohio
Bexley, Ohio
Blacklick, Ohio
Canal Winchester, Ohio
Delaware, Ohio
Dublin, Ohio
Gahanna, Ohio
Grandview, Ohio
Grove City, Ohio
Groveport, Ohio
Heath, Ohio
Hebron, Ohio
Hilliard, Ohio
New Albany, Ohio
Newark, Ohio
Pataskala, Ohio
Powell, Ohio
Reynoldsburg, Ohio
Sunbury, Ohio
Upper Arlington, Ohio
Westerville, Ohio
Whitehall, Ohio
Worthington, Ohio
Zanesville, Ohio