The Role of Expert Witnesses in Wrongful Death Cases
The people we love are the most valuable thing in our lives. We are never really prepared for the death of a loved one, and our hurt is compounded when the loss is caused by the senseless actions of a careless or violent person. A wrongful death claim provides survivors the resources they need to move on and start rebuilding their lives.
The defendants in a wrongful death lawsuit will go to great lengths to avoid responsibility for the harm they have caused. They will argue that they weren’t responsible for your loss and might even try to destroy or cover up crucial evidence. Attorneys for defendants in a wrongful death case will try to create doubt and confuse the jury.
Having the right expert witnesses can make a critical difference in a wrongful death lawsuit. Effective expert witnesses explain complex issues in a way that juries will understand. An experienced Dallas personal injury attorney knows how to find expert witnesses to strengthen your case.
What Is an Expert Witness?
According to Texas Law, an expert witness is someone qualified to assist the court due to their skill, experience, training, or education in a particular field. Expert witnesses have scientific, technical, or specialized knowledge that provides deep understanding, allowing the expert to speak with authority.
Expert witnesses help the court determine causation by interpreting physical evidence and providing an unbiased view of how events unfolded. Understanding what caused your loved one’s death is essential for establishing liability. In addition to helping the court decide who is responsible for your loss, expert witnesses can also help determine the true economic cost of the damages.
Types of expert witnesses include:
- Medical experts
- Accountants
- Forensic specialists
- Vocational experts
- Mechanical engineers
- Crime scene investigators
- Traffic engineers
- Car and truck mechanics
- Mental health experts
- Accident scene reconstruction specialists
Filing a Wrongful Death Lawsuit
Every citizen has a duty of care to avoid actions that could cause reasonably foreseeable harm to others. For example, a legally intoxicated driver who runs a red light and crashes into a pedestrian or another driver has clearly breached their duty of care.
The State of Texas defines a wrongful death as one that is caused by “a wrongful act, neglect, carelessness, unskillfulness, or default.” A wrongful death lawsuit may be filed by the victim’s surviving spouse, children, parents, or the personal representative of an estate.
A wrongful death may result from several types of malicious or negligent actions. Examples include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Oilfield accidents
- Bicycle accidents
- Pedestrian accidents
- Premises liability
- Defective products
- Workplace accidents
- Murder, homicide, and mass shootings
How Your Dallas Wrongful Death Attorney Can Help
A skilled personal injury attorney knows how to build a strong wrongful death case. An important part of your lawyer’s job is finding credible expert witnesses who can answer difficult questions under cross-examination. It is the expert witness’s responsibility to help the jurors discover the truth by using everyday language to explain complex medical and scientific concepts.
An expert witness will help clarify the following types of issues:
- How fast a vehicle was traveling when an accident occurred
- Medical expenses and other costs resulting from paralysis
- How faulty braking techniques may cause a big rig truck to jackknife
- The proper way to test a product before releasing it on the marketplace
- How much the victim would have earned over the course of their lifetime
- Information from a vehicle’s event data recorder (EDR, also known as the “black box”)
Have You Lost a Loved One?
If you have lost a loved one due to the negligence or wrongdoing of another, you have the right to seek compensation for your loss. The experienced Dallas wrongful death attorneys at The Lenahan Law Firm in Texas, have won millions of dollars in settlements for our clients. Super Lawyers has recognized our firm for providing clients with outstanding service, and we have a perfect 10.0 Avvo rating.
Call (214) 295-1008 to schedule a free consultation today.
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- Charles D.
