Andrew Wallace Cecil's Answers

Andrew Wallace Cecil
Columbus Car / Auto Accident Lawyer.
Contributor Level 3

2

Attorney answers:

  1. Robert D. Mouradian
  2. Andrew Wallace Cecil

If a wrongful death suit is settled without conscious pain and suffering can I settle it in Circuit Court as opposed to Probate

Asked by a user in Detroit, MI - over 2 years ago.

I am not sure about Michigan but In Ohio, Probate Court must approve the settlement. Further, and importantly, the party paying the money will want a Release. A Release of Wrongful Death claim is worthless unless approved by the Probate Court. I don't think an insurance company will pay anything absent a Release approved by the Probate Court. Is there an issue with having the Probate Court involved?

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