How do I File a Wrongful Death Lawsuit?

Filing a wrongful death lawsuit in McKinney, Texas, involves a structured legal process governed by the Texas Wrongful Death Act. To initiate a claim, eligible family members—specifically the surviving spouse, children, or parents—should follow these essential steps:

1. Consult a Wrongful Death Attorney: Begin with a case evaluation to determine eligibility and viability. Most attorneys work on a contingency basis, meaning there are no upfront fees.

1. Investigation and Evidence Gathering: Your legal team will collect critical documentation, including police reports, autopsy results, witness statements, and medical records. It is vital to document all economic losses, such as funeral expenses and lost future earnings, as well as non-economic impacts like emotional suffering.

1. Filing the Petition: The lawsuit must be formally filed in a Collin County district court. In Texas, you generally have two years from the date of the individual’s death to file the claim due to the statute of limitations.

1. Discovery and Negotiation: Both parties exchange information and evidence. During this phase, many cases are resolved through settlement negotiations or mediation.

1. Trial: If a fair settlement cannot be reached, the case proceeds to a jury trial where a verdict will determine liability and damages. The entire process typically spans between 6 to 18 months.