This is the next article in our series on the handling of auto wreck cases in our area which result in a wrongful death. Our last post discussed dealing with Fort Worth car-accident related wrongful death cases involving multiple defendants. Texas law allows the surviving family members to bring an action against an employer for the acts of their employees. The handling of such matters can be highly complicated and it is strongly suggested that you retain an experienced attorney to assist you. In this article we will be discussing attending trial in such situations. If you need assistance then contact our office today to speak with a personal injury lawyer.
Trial in a Texas wrongful death case may take several days or longer
Trial in any Texas wrongful death case will begin with the selection of a jury. The jurors are chosen from a pool of individuals in our local community. The attorneys for each side will be permitted to ask questions of the potential jurors. They will be permitted to “strike” a certain number of jurors, but may not do so for a protected reason. The Judge may also remove a potential juror if it is clear from their answers that they cannot be impartial. Once the jury has been sworn in then each side will make an opening statement. Opening statements are not a time for argument, each side will use this opportunity to inform the jury of what it is they are requesting and of the evidence they expect to present.
The plaintiffs will present their evidence and witnesses first. This will include testimony from economic experts explaining how the loss has impacted the family financially. The surviving loved ones will also testify as to how the loss has impacted them. The defendant(s) will then present their evidence and witnesses. This will include testimony from defense experts as well as any evidence regarding disputes around liability. The plaintiffs will follow with rebuttal. Rebuttal is not a time for new arguments. It is only an opportunity for the defense to directly address claims made by the defense during its presentation. There will then be an oral argument, away from the jury, over what instructions the jury should receive. Each side will then make its closing arguments.
The jurors will be given the case for deliberations once closing arguments are completed. The jurors will decide the issues of liability, comparative fault, whether punitive damages apply, and the total amount to be awarded to the victims. This will conclude the case. While the foregoing process may sound straightforward, it should be expected to be highly complicated. The rules of evidence and procedure will be enforced by the Judge. Retaining a personal injury attorney with experience in such matters is crucial. Having the right attorney can make the difference as to whether relevant evidence is considered, whether improper evidence is excluded, and whether the matter is presented to the jury in a way that is clear and concise.
Retain a Fort Worth wrongful death lawyer with the resources necessary to handle the case
Taking a wrongful death case to trial can be extremely expensive. Your attorney will pay all of the associated costs up front and will not be reimbursed unless you win at trial or settle the matter. Expenses associated with such a case can include fees to expert witnesses, deposition costs, fees for process servers, and more. Such costs can often go well into the high six-figure range. It is, therefore, important that you retain an attorney with the financial resources necessary to see your case through to completion. Retaining counsel, without the financial backing to do so, can mean going without needed testimony or evidence at trial.
Noteboom – The Law Firm focuses exclusively on personal injury law and we have extensive experienced in handling large-scale matters. We have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization and we employ an on-staff investigator. If you have lost a loved one to a car accident, then contact our office today to speak with a Fort Worth wrongful death lawyer. We look forward to speaking with you.
In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.