Our Texas Wrongful Death Lawyer Works With Expert Witnesses Strengthen Wrongful Death Claims
Wrongful death claims can be challenging to prove. Your case can be strengthened by getting testimony from expert witnesses. Expert witnesses have specialized knowledge that can be brought to the case. Their testimony makes it easier for plaintiffs to establish liability and damages. At Armstrong Law, experienced Dallas-Fort Worth wrongful death lawyer Warren Armstrong works closely with expert witnesses to strengthen a client’s wrongful death claim.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought upon a negligent party by the surviving family members of a deceased person. A family is eligible to make a wrongful death claim if a loved one has lost their life due to the actions or negligence of another.
Wrongful death claims aim to provide compensation for the survivors’ losses, including lost wages, medical expenses, and emotional suffering. To receive compensation for a wrongful death claim in Texas, the plaintiff must prove that the defendant's actions directly resulted in the death of their family member. They must also prove that they have suffered financial and emotional damages as a result of the wrongful death.
Wrongful death may occur in the following accidents.
- Fatal car crashes
- Truck accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Workplace accidents
- Construction accidents
The Role of Expert Witnesses in Texas Wrongful Death Cases
There are several categories of expert witnesses that can be called upon in legal cases, including the following:
- Medical experts. Medical experts are crucial in wrongful death cases involving medical malpractice or death due to injuries. Doctors and forensic pathologists are examples of medical experts. They can provide insights into the cause of death and explain the standard of care that was expected. Then, they can explain whether the defendant's actions differed from that standard. For example, if a patient passes away after receiving a blood transfusion that was of a different blood type than their own, a medical expert can explain how this medical malpractice led to wrongful death and provide evidence against the responsible party.
- Accident reconstruction experts. In cases involving car accidents, workplace accidents, or other incidents leading to wrongful death, accident reconstruction experts play a key role. These experts use physical evidence from the scene, witness statements, and scientific principles to recreate the events leading up to the accident. Their analysis can demonstrate how the defendant's actions caused the accident and led to wrongful death. For example, an accident reconstruction expert can reconstruct a car accident to prove who is at fault for the wrongful death. This evidence could be critical to your claim.
- Economic experts. Economic experts specialize in assessing the financial damages, including lost wages, loss of future earnings, and loss of benefits. They consider factors including the loved one’s age, occupation, life expectancy, and potential career growth. These experts can help determine the financial impact of the wrongful death. For instance, if a stay-at-home mom loses her husband due to wrongful death, she can sue for the amount of income that her husband would have received in his lifetime.
- Engineering experts. In wrongful death cases that result from product defects or industrial accidents, engineering experts play an important role. These experts analyze the equipment and operational conditions to identify any flaws or deviations from safety standards that may have occurred. For instance, in a case involving a fatal excavator accident, an engineering expert can determine whether a design defect or maintenance failure contributed to the incident. The engineering expert can show the link between the design flaw and wrongful death.
- Psychological experts. Psychological experts evaluate and testify about the grief, trauma, and emotional distress experienced by the survivors due to the wrongful death of their family member. Their role involves conducting thorough psychological assessments and reviewing relevant medical and psychological histories. These experts then provide a professional opinion on the severity and duration of the emotional impact on the survivors. Their witness testimony can provide an accurate assessment of emotional distress and determine the equivalent financial compensation.
Expert witnesses enhance the overall credibility of the wrongful death claim. Their testimony as a third party directly challenges the defense's attempts to minimize liability. Additionally, experts can present complex information in a clear and understandable manner, making it easier for the insurance company, judge, or jury to grasp the issues at hand.
We accept wrongful death cases on a contingency fee basis, just like we do for other types of personal injury claims. This means there is no upfront cost for you to have us build your claim for compensation. The cost of expert witness testimony will be deducted from the settlement you receive.
When you choose Armstrong Law for your Texas wrongful death claim, we will discuss the strength of the evidence in your case and work with you to determine which types of expert witnesses will be the most beneficial. Our goal is to maximize your available compensation and ensure you have the resources you need to move forward with your life.