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  • Writer's pictureRobert Schuerger II

How Are Wrongful Death Settlements Paid Out (Ohio)? | Schuerger Shunnarah

In the Buckeye State, when it comes to wrongful death settlements, the process is a crucial matter for surviving family members seeking justice for their loved one's death.

Ohio law ensures all courts award financial compensation to the decedent's surviving spouse and eligible family members.

Wrongful death lawsuits encompass a wide range of situations. This includes car accidents, medical malpractice, and even criminal actions. Schuerger Shunnarah Trial Attorneys has more information on the wrongful death statute of limitations in Ohio.

In such events, surviving parents and other relatives are often overwhelmed by the emotional toll and financial burden. Wrongful death settlements show a ray of hope amid grief and pain.

The Ohio probate court plays a pivotal role in overseeing the distribution of these settlements. It ensures the funds are properly allocated to the surviving spouse and eligible family members. This eases the financial burden they may be facing due to the wrongful death case.

The Two Common Ways Courts Offer Compensation in Ohio

The Two Common Ways Courts Offer Compensation in Ohio

Families dealing with the profound loss of a loved one due to wrongful death often seek comfort in the pursuit of financial compensation. It's essential to understand how the court calculates the wrongful death settlements paid out.

Structured Settlement Offer

A structured settlement offer is like a lifeline thrown to survivors in the aftermath of a wrongful death. It is a well-thought-out plan designed to provide financial support through periodic payments.

Structured settlements have several advantages. They provide a stable source of income for survivors, ensuring they receive a regular stream of payments that can help cover ongoing expenses.

Coverage often compensates for household bills and the education of children left behind. This approach is helpful when the case involves minor children. It can offer a sense of financial security during their formative years.

The arrangement considers the specific needs of the survivors. It ensures the payments meet their requirements. Also, structured settlements in a wrongful death claim are tax-free. 

Lump-sum Payment

Structured settlements provide long-term financial stability. However, lump-sum payments offer plaintiffs a different kind of relief. 

In this approach, the court awards a single sum to the survivors. It includes the entirety of the wrongful death settlement.

This can be especially appealing when the victims need immediate financial support to address demanding concerns, such as unpaid medical bills or funeral and burial expenses.

In Ohio, wrongful death claims with lump-sum payments provide survivors with the flexibility to use the funds as they see fit. However, it's essential to remember that lump-sum payments are typically taxable, mainly if they include punitive damages.

Choosing between structured settlements and lump-sum payments depends on the plaintiffs' preferences.

Some may opt for the steady support of structured settlements, while others may prefer the immediate relief of a lump-sum payment. During this trying period, the guidance of experienced attorneys is invaluable.

They not only provide legal expertise but also offer compassion and support to survivors. A qualified wrongful death law firm can protect client's rights, ensuring they receive the compensation they deserve.

Proving Fault in a Wrongful Death Lawsuit

Amid immense grief and sorrow, families in Ohio who have lost a loved one to wrongful death often find themselves having to prove fault in a lawsuit.

This process can be emotionally charged and complex, but it's a crucial step toward seeking justice for the departed.

In Ohio, wrongful death claims, like any other legal action, need the plaintiffs to prove their case. It means demonstrating the death of their loved one was a direct result of someone else's negligence or intentional actions.

Evidence may include medical records, witness testimonies, expert opinions, and other relevant documentation. The plaintiffs must build a convincing wrongful death lawsuit. Negligence refers to a failure to exercise reasonable care, resulting in harm to another person.

Wrongful acts, on the other hand, involve intentional actions that directly lead to the loss of life. This could include criminal acts, such as assault or homicide, or deliberate negligence, such as a reckless disregard for safety.

Eligible Parties in a Wrongful Death Claim

In Ohio, wrongful death lawsuits allow certain people to file a claim and seek justice.

Surviving Spouse

The surviving spouse is often the closest and most profoundly affected by the wrongful death of a loved one. In cases where the decedent was married, the surviving partner is the main person pursuing justice. They represent the shared interests of both parties in the relationship.

Dependents (Children and Parents)

Beyond the surviving partner, dependents, specifically children and parents, have a recognized stake in wrongful death claims.

This acknowledgment protects the financial interests of the children who are now deprived of the care, support, and guidance of their parent(s).

Also, parents of a deceased child can file a wrongful death action. This recognition extends to biological and adoptive parents, emphasizing the importance of familial connections.

Personal Representative

A personal representative's role is to ensure that justice is served, even when there are no immediate family members who can bring the wrongful death claim forward.

They act as a guardian of the deceased's rights and work to secure financial compensation for the estate. The probate court will let the representative equally distribute the compensation amount to the rightful heirs specified by the decedent's will.

What Can Surviving Family Members Recover in a Wrongful Death Settlement?

What Can Surviving Family Members Recover in a Wrongful Death Settlement?

Survivors often search "How much is a wrongful death lawsuit worth in Ohio?" after a loved one's death. The value of a wrongful death case settlement can vary significantly and depends on various factors.

This includes the circumstances of the death, the financial impact on the survivors, and the strength of the Ohio wrongful death case. Common damages involve the following:

  • Medical treatment costs

  • Funeral and burial costs

  • Lost income

  • Loss of consortium

  • Punitive damages

Working with empathetic legal professionals is essential in navigating this challenging journey. They can help families heal and find stability after a devastating loss.

Final Words

Wrongful death settlements provide a glimmer of hope in the darkest of times. It's not only about the money. Settlement amounts offer justice and ease the emotional and financial burdens that come with the loss of a loved one.

The wrongful death lawyers from Schuerger Shunnarah Trial Attorneys can help victims recover compensation for their losses. Stating, "We Go to War for You," these legal professionals can stand by the survivors, protecting their rights throughout the case.


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