Starting a McKinney wrongful death case is a challenging ordeal, both legally and emotionally. In the midst of grieving, a family must also work to hold a negligent party accountable for their parent, child, or sibling’s death. Fortunately, an experienced wrongful death lawyer may be able to help collect evidence, file a claim, and begin the litigation process.
Probate Process
Wrongful death cases usually begin with identifying the permitted plaintiff. Typically, the beneficiaries—either the spouse, the children, or the parents of the deceased—have a right to bring a wrongful death case—and they are the only ones who can bring it. If one of them brings a wrongful death case, then the others can be joined either voluntarily or involuntarily. The survival action, which is brought by the deceased person’s estate, is usually joined in the same action.
Sometimes, a probate administration is opened for the deceased person. If there is a will, the will can be probated. If there is not a will, a probate administration can still be opened to finalize all matters associated with the deceased person. Occasionally, probate administration is opened specifically to pursue the survival action.
For all practical purposes, everybody is joined in the same action. When somebody has passed, there is no reason not to bring a claim as quickly as one can so they can preserve liability evidence and develop the wrongful death evidence while it is still fresh and while there is access to it.
