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What Is the Process for Filing a Wrongful Death Lawsuit?

McKinney wrongful death lawsuit
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The pain and suffering from the loss of a loved one is devastating, and when the death was avoidable it’s only made worse. While there is no way to repair the damage from such a loss, with the help of a McKinney wrongful death attorney, it may be possible to secure damages. Of course, a lawsuit might be the last thing on your mind at such a difficult time. But Joe Lucé can guide you through the process, securing the recognition and compensation you deserve.

Outline of a Wrongful Death Lawsuit in McKinney

Wrongful death in Fort Worth, McKinney and the surrounding areas will be subject to Texas state law. While there are many complexities involved in building a case, the outline of filing a lawsuit requires knowledge of the law, strategy and precision.

Find a Wrongful Death Lawyer

An experienced wrongful death lawyer should treat your case with consideration and compassion. Your lawyer must be sensitive to your situation, while approaching the case with diligence and attention to detail. At Lucé Law, PC we listen to our clients – and earn their trust through our actions.

Investigate the Case

The investigation is a crucial part of the case, and can determine whether or not it can proceed. Your lawyers will gather available evidence, including pictures, video, documents and witness statements. But just what is a wrongful death claim? To prove a wrongful death occurred, this type of claim requires the following four elements.

  1. Duty of care – The responsible party had a duty of care to the victim.
  2. Breach of duty – This duty of care was breached due to negligence or careless actions.
  3. Causation – The negligence was the cause of death.
  4. Damages – The loss of life resulted in costs such as medical bills, lost income and more.

Negotiate a Settlement

In most cases, the parties try to work together to avoid lengthy and expensive litigation, trial and will aim to negotiate. At Lucé Law, PC we do everything we can to advance resolution amicably, respectfully and cost-efficiently. In working to reach an agreement sometimes mediation may be required. An experienced Fort Worth wrongful death attorney will work to deliver the best settlement for their client based on quantifiable damages.

Start Trial

If a settlement is not possible, the available evidence can be presented in court. Your attorney can advise on the strength of the evidence and help you decide whether to go to court or not. A wrongful death attorney’s role is similar to that of a personal injury attorney. After filing a wrongful death lawsuit, gathering clear and decisive evidence will be the key to a successful outcome.

Get Assistance Filing a Wrongful Death Lawsuit

If you have lost a loved one due to negligence, Lucé Law, PC can help file a lawsuit and secure compensation. We represent clients with wrongful death claims in Fort Worth, McKinney and across North Texas. Our objective is to ensure our clients are treated respectfully and fairly. To contact us for more information, call (972) 632-1300 or request a free legal consultation today.

Legal Practice Areas

Joe Lucé represents individuals dealing with the repercussions of personal injuries, auto accidents, slip and fall injuries and wrongful death.
Personal Injury

Personal Injury

Our experience dealing with personal injury claims means we know how to get results.

wrongful Death attorney

Wrongful Death

The loss of a loved one is compounded when it’s the result of wrongful death.

Slip and Fall Injuries

Slip and Fall Injuries

Slip and fall accidents occur regularly in commercial buildings, workplaces, stores and malls.

Auto Accidents

Auto Accidents

Auto accidents are frequently preventable, with distracted drivers, vehicle malfunctions and other conditions to blame.