McKinney Survival Action Case Process

In a survival action, surviving family members must make decisions about their own lives, the property of the deceased, and sometimes the placement and management of children of the deceased. If you have lost a loved one due to a wrongful death, it may make sense to retain a lawyer who has experience with the McKinney survival action case process.  A survival action lawyer could help reduce the stress and complexity of a bad situation and give the survivor confidence in their decisions.

First Steps in a Survival Action

The first thing legally that has to be done is to start the probate process to prosecute a survival action. In a survival action, a personal representative or an executor of the estate needs to be established. In a wrongful death situation, it is important to have a probate process lined up so that there is a person appointed to sign all the paperwork that needs to be signed to prosecute the case.

Signing contracts, gathering evidence of lost earnings, reviewing offers and signing settlement paperwork all must be accomplished by someone with authority to negotiate the survivorship claim.  A probate action is necessary to establish that right.  It is almost impossible to settle a case without somebody in that role.

Other parts of the survival action are very similar to any other serious injury claim. Like most serious injury claims, preserving evidence in the immediate aftermath of a bad injury is critical. Sometimes a lawyer will have to file lawsuits very quickly to get temporary restraining orders in place to preserve evidence.

Civil Court vs. Private Negotiation

Whether a survival action is dealt with in civil court or in a private negotiation depends on the parties involved.  Insurance companies and private corporations are notorious about not fairly evaluating the claim, but instead looking at the claim from a standpoint of how cheaply and how inexpensively they can deal with this issue. In that situation, the plaintiff’s attorney must increase the risk on the defendant by developing the evidence in such a way that it is simply too risky for the wrongdoer not to settle the lawsuit if they want to have an opportunity to settle the lawsuit before for trial.

If a lawsuit is not settled, eventually it will be tried by a judge or a jury, dependent again on the parties’ choice. In Texas, everybody has a right to a jury trial in these kinds of cases.

Duration of a Survival Action Case

One of the most important factors that dictates how long a survival action take is the venue where the lawsuit is filed. Sometimes there is more than one place where a case can be brought. One of the big roles for a lawyer in that situation is determining what is the best venue to bring the lawsuit.

The next factor is what the judge’s docket looks like. The court coordinator in most jurisdictions can tell the parties how far out jury trials are being set and what a probable litigation schedule would look like.  Court time is a very expensive time and the courts want to make sure that someone is going to try a case if the Court is going to reserve a jury and the courtroom.

Last of all, survivorship and wrongful death cases can be quite complex.  Sometimes these cases involve product liability which may require expert testimony and other technical analysis. The more complex the case is, the more experts that are needed in the case, the greater the number of parties to a case, the more likely it is that a case drags on.

A Lawyer Could Walk You Through the McKinney Survival Action Case Process

If you have recently lost a loved one due to a wrongful death, you may have questions about the McKinney survival action case process. An experienced lawyer could walk you through each step, from beginning the probate process to negotiating with insurance companies and bringing the case to trial. When you are ready, reach out to schedule a consultation.

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Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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McKinney Survival Action Lawyer