What to Expect in a Wrongful Death Trial

Losing a loved one due to someone else’s negligence is one of the most devastating experiences anyone can face. While no legal action can truly restore the loss, launching a wrongful death lawsuit can help provide justice and financial support for surviving family members. However, many people have unrealistic expectations of what such lawsuits entail, often shaped by dramatic portrayals in movies and TV shows.
In reality, wrongful death lawsuits are often much more complex. As lawyers for wrongful death victims in Odessa, we take the time to guide our clients. We give clear explanations so they know what to expect from start to finish.
Here’s what you can anticipate during a wrongful death trial in Odessa.
When Can a Wrongful Death Lawsuit Be Pursued?
A wrongful death lawsuit arises when someone’s actions, negligence, or misconduct cause the death of another person. Common examples that lead to wrongful death claims include:
- Medical malpractice
- Fatal car accidents
- Defective products
- Workplace accidents
- Construction accidents
- Motorcycle accidents
- Truck accidents
- Nursing home neglect injuries
Who Can File a Claim?
In Texas, only specific individuals have the legal standing to pursue a wrongful death claim. These include:
- Children of the deceased
- The deceased’s surviving spouse
- The legally adopted children of the deceased
- The deceased’s parents
If these individuals are unable to bring a claim within three months following the death, the executor or administrator of the deceased’s estate is legally entitled to file on behalf of the beneficiaries.
What to Expect in a Wrongful Death Lawsuit Timeline
When pursuing a wrongful death claim in Odessa, you may expect the process to involve several stages. These include the following:
- Initial consultation to evaluate the case’s merits and determine if it meets the legal requirements for a wrongful death claim.
- Filing the lawsuit on behalf of the eligible family members, outlining the allegations, the legal basis for the claim, and the damages being sought.
- Discovery phase, involving depositions, interrogatories, and requests for various documents.
- Pre-trial negotiations where negotiating with the defendant’s legal team or insurance representatives takes place to agree on a fair settlement amount.
- If negotiators can’t see eye-to-eye, the case proceeds to trial to seek a court verdict.
- If the court rules in favor of the plaintiff, the family receives compensation for damages.
These events may take several months, and in some cases, years, so it is essential to be patient—each step is crucial for building a winning wrongful death claim in Odessa. Your attorney will ensure that filing happens within the statute of limitations for wrongful death claims in Texas.
What Must Be Proven at Trial?
To succeed in a wrongful death trial, the plaintiff must establish four key elements:
- The person or entity had a duty of care to those around them. In a car accident, drivers must operate their vehicles safely in regard to others.
- The plaintiff must prove that this action caused wrongful death.
- The breach of duty should have directly caused the death. This often requires expert testimony and supporting evidence to link the defendant’s actions to the fatal outcome.
- You will also need to offer proof of the impact of the loss on the surviving family members, such as financial loss, emotional pain, and loss of companionship.
These elements must be established with strong evidence and persuasive arguments to succeed. Your lawyer will weave evidence and testimony into a compelling story that resonates with judges or juries. They will explain the impact of the loss while maintaining a clear focus on the legal elements.
Call a Lawyer for Wrongful Death Victims in Odessa Today
Wrongful death cases are complex and emotionally charged. While no lawsuit can bring back a loved one, seeking justice can hold the responsible party accountable and provide much-needed support for your family during a difficult time.
At Fadduol, Cluff, Hardy & Conaway P.C., we understand the profound loss families experience in these cases. Our team of lawyers for wrongful death victims in Odessa will guide you through the process. Call us today at 800-433-2408 for a confidential consultation.