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.