Unique Aspects of McKinney Wrongful Death Cases

In McKinney and Texas, a wrongful death action is a statutory case that can be brought under the provision of Civil Practice and Remedies Code, Chapter 71. It allows recovery for death caused by the wrongful act of another person or entity.

A wrongful death claim focuses not necessarily on just the pain and suffering of the person who died, but rather what has been taken from the survivors, who are known as wrongful-death beneficiaries. In Texas, that class includes the children, the spouse, and the parents of the person killed. For more information about the unique aspects of McKinney wrongful death cases, reach out to a compassionate lawyer.

Leading Causes of Wrongful Death in McKinney

Some of the leading causes of wrongful death in McKinney include car and truck wrecks, industrial accidents, and electrical or utility problems. Recently, there have been several people killed in gas-line explosions, for example, because Texas has not done an adequate job of making sure gas utilities have replaced the old cast iron lines that are known for corroding and leaking. As a result, natural gas explosions have been increasing causes of wrongful death in McKinney.

How Wrongful Death Actions are Distinct From Survival Actions

A survival action, which is distinct from wrongful death actions, is intended to compensate for the time that the person lived after the fatal accident. Survival actions may only be brought by the administrator of an estate, not the beneficiaries. For instance, if there is a truck wreck and a person is injured severely and later died from that injury, the administrator of their estate can bring a survival action. The wrongful death action would have to be brought by the beneficiaries that the statute lays out.

The survival action statute of limitations and the wrongful death statute of limitations is the same as the limit for the underlying tort. For most negligence cases, that is two years. Occasionally, circumstances may change the statute of limitations, but a two-year statute of limitations is generally applicable in most wrongful death and survival actions.

How is Estate Law Handled?

In McKinney, Collin County, and Texas generally, estate issues are dealt with by the Estates Code. That is an entirely different section from the wrongful-death section. Generally, Estate Code outlines how to deal with the body, who has the authority to speak for the family, and who can make burial or funeral choices.

In the absence of a written will or trust, the Estates Code has a descending list of people who may apply to administer the estate. Normally, unless all potential heirs sign off on the appointment, the court will retain authority to approve all actions of the appointed administrator. Court-managed administration is normally fairly expensive, but it is a path to bring a survival action if there is not a written will.

Often, an estate or probate attorney will handle the estate and probate issues, and the personal injury lawyer will handle the wrongful death portion of the case. Probate law and personal injury law are two significantly different areas of practice.

Finding Legal Help for McKinney Wrongful Death Cases

If you have recently lost a loved one due to another party’s negligence, you may benefit from the aid of a lawyer. An experienced attorney could help explain the unique aspects of McKinney wrongful death cases and work to pursue fair compensation. When you are ready, consider contacting legal counsel.

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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
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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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