A wrongful death settlement is paid out by the at-fault party or their insurance provider. If you represented yourself and your family and accepted a settlement offer, you might receive the settlement amount directly, but only after Probate Court approval. Suppose a personal injury or wrongful death lawyer represented you on a contingency-fee-basis. In that case, the settlement amount may be sent to your lawyer, but also only after Probate Court approval.
The lawyer who represents you can describe further how wrongful death settlements are paid out. They will explain the percentage of your settlement they will request in attorney’s fees, the amount of time it takes to receive a settlement once it is agreed upon, and the types and amounts of compensation you might be entitled to receive in Columbus.
Your Wrongful Death Lawsuit Has a Time Limit
If someone you love was fatally injured by someone else’s negligence, recklessness, or carelessness, your family might be entitled to financial compensation. Through a wrongful death action, you may qualify to pursue specific economic and non-economic damages. Your legal team can help you determine the potential value of your lawsuit.
Your lawyer may also help you determine the timeline for filing your lawsuit. The statute of limitations in your state defines the amount of time you have to file your lawsuit. Ohio Revised Code (ORC) §2125 states that surviving family members have two years from the death to file.
Failing to meet the filing deadline could mean you will not be able to file your lawsuit at all. With early involvement in your lawsuit, your lawyer might be able to ensure timely filing and reduce or remove the risk of dismissal.
How Wrongful Death Settlements Are Calculated
Your lawyer may help you understand the potential types and amounts of monetary compensation available to eligible family members after the loss of a loved one. In general, your family might be entitled to receive compensation for the mental and emotional anguish from the loss, the cost of the decedent’s injury-related medical care, and the loss of the decedent’s:
- Earning capacity
- Services
- Companionship
- Consortium
- Care
- Assistance
- Attention
- Protection
- Advice
- Guidance
- Counsel
- Instruction
You might also be able to recover the cost of your loved one’s funeral and burial expenses. Your legal team can help you itemize your losses and assign a financial value to your wrongful death lawsuit.
A Lawyer May Help You Negotiate a Favorable Settlement
As your lawyer is preparing to negotiate a financial settlement between your family and the party whose negligence led to your loved one’s death, they will take one or more of these actions:
- Evaluate the extent of your family’s financial damages
- Prove the negligence that entitles your family to compensation
- Review the advantages and disadvantages of each potential offer
After you agree to accept a settlement, you may be required to sign a waiver releasing the at-fault party from future financial liability. Once signed, this waiver is final, making it critical to assign an accurate financial value to your potential settlement.
Find Out Who Qualifies to File a Wrongful Death Action
The legal team who helps you navigate the wrongful death compensation process can help you determine which surviving family members may file a lawsuit for their loved one’s wrongful death. The following family members generally qualify to file and receive compensation:
- Spouse
- Children
- Parents
Additional relatives might also be entitled to compensation if they relied on the decedent for financial or other types of support. Your lawyer can help your family determine which members meet the eligibility requirements and what steps you need to take to prepare and file your wrongful death lawsuit.
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Get the Help You Need with Your Wrongful Death Claim
If another person’s or entity’s negligence led to the loss of your loved one, your family might be entitled to monetary compensation. When your family is recovering from the loss of a loved one, the assistance and guidance of our legal team may help you focus on your family’s emotional recovery while we focus on your financial recovery.
Our personal injury team might be able to help you understand how wrongful death settlements are paid out and how your family can expect to receive its financial compensation after reaching a settlement agreement. Contact the personal injury team at the Fitch Law Firm LLC by calling (614) 545-3930 today.