Schedule a Consultation

The Role of Expert Witnesses in Wrongful Death Cases in Texas and New Mexico

September 15, 2023
Role of Expert Witnesses in Wrongful Death Cases

Facing the sudden and unexpected loss of a loved one is many people’s worst fear. 

When this fear becomes a reality, it can be emotionally and legally strenuous. If your loved one passed away because of another’s negligent or intentional acts, you and surviving family members could seek compensation for your loss through a wrongful death suit. 

Contact a wrongful death attorney to begin your case. Many attorneys will recommend bringing on expert witnesses for wrongful death claims. 

An Expert Witness Can Help Your Wrongful Death Claim

An expert witness has a particular, thorough knowledge of a subject and is willing to testify on your behalf.

Expert witnesses strengthen your wrongful death claim substantially. Since the accident victim cannot advocate for themselves, the responsibility falls on you as their loved one. However, your testimony will be biased. 

An expert witness provides an objective point of view. Their advanced knowledge of the subject at hand further reinforces your argument. A  wrongful death attorney can help you determine which expert witness would be right for your case.

In many cases, critical evidence may be lost or destroyed soon after the incident.  Its important to contact an attorney immediately so that, if necessary, expert witnesses can be quickly retained and dispatched to conduct important inspections and preserve the evidence that will be necessary to prove up a case. 

Consider the Types of Expert Witnesses

When consulting with your attorney, discuss the different types of expert witnesses who might benefit your case. 

Liability Expert Witnesses

A liability expert witness’s responsibility is to prove that the defendant’s actions led to the death of your loved one. Liability experts will also work to prove that the defendant had a duty to the victim. Their area of expertise will depend on the circumstances that led to the accident. 

For example, if your loved one passed away from medical malpractice, a medical professional would be a possible liability expert. Alternatively, in the case of a car accident, a reconstructionist would be ideal.

Causation Expert Witnesses

If there is a dispute over how the victim died, consulting a causation expert for an unbiased opinion would be beneficial. In many negligence cases, defendants will shift blame and attempt to argue that outside factors contributed to the death of your loved one.

A causation expert can combat this tactic by providing proof of causation. Your causation expert witness’s profession will depend on the accident type. For many medical malpractice cases, having a doctor testify regarding the exact cause of death is necessary. 

Damage Expert Witnesses

Damage expert witnesses consider all damages wrongful death suits are eligible for. 

They study the incident closely, then provide evidence to pursue damages. Having a damage expert witness is beneficial because they consider all options. Don’t accept a settlement offer before speaking to a damage expert witness.

These expert witnesses will consider the following: 

  • Economic damages, including calculable financial losses such as medical bills, funeral expenses, and future wage loss. 
  • Non-economic damages, including losses without a number value, like emotional distress, grief, loss of love, and loss of companionship.

Seeking Compensation for a Wrongful Death Claim? Contact a Wrongful Death Attorney

The death of a loved one is a great loss. While no amount of financial compensation can account for that loss, you may seek justice through a wrongful death claim. Contact a Texas wrongful death attorney to help you through this difficult process.

Fadduol Cluff Hardy & Conaway P.C. Law is a dependable law firm that will take a compassionate approach to your wrongful death claim. The attorneys at FCHC Law have had successes in wrongful death claims, and yours could be next. 

Contact the personal injury lawyers at FCHC Law to begin your case review today. Our friendly staff is waiting for your call at (800) 433-2408.