Most San Antonio wrongful death claims, personal injury cases, and civil actions are resolved before trial, and even before a lawsuit is filed in most situations. However, if your case goes to trial, here is what you can expect in the process:
A Texas Wrongful Death Lawsuit Is Filed
A wrongful death case officially begins when a San Antonio injury lawsuit is filed against the party responsible for causing the death. The lawsuit provides information, such as:
- The name and identity of the victim
- That you have the legal right to file a wrongful death claim because you are the decedent’s spouse, child, or parent
- Information that shows why the court has jurisdiction over the case
- Information about how the death occurred and why the defendant is legally responsible for it
- The damages you are seeking to be awarded by the court
The defendant files an answer in response to the lawsuit to show they are contesting the facts.
Discovery
The parties engage in the discovery process in which their lawyers prepare lists of questions or demands, seeking information to help them prepare for trial. This can consist of requests for production of documents, requests for admissions, interrogatories, depositions, and more. The parties may also file pretrial motions to make certain legal arguments or ask the court to dismiss the case or enter a summary judgment.
The Voir Dire Process
If a jury will hear your case, your San Antonio accident lawyer and the defendant’s attorney will engage in the jury selection process, known as voir dire. This allows the attorneys to have biased jurors removed and ensure that the jurors selected can objectively evaluate evidence.
Opening Statements
Your lawyer will begin the trial by making an opening statement in which they detail what the defendant did wrong to cause the death and how it has affected you. The defendant’s attorney then has an opportunity to give their opening statement. Opening statements give a preview into the evidence and information that will be presented during the case.
Examination and Cross-Examination
Your lawyer calls witnesses to the stand and presents evidence to help prove your case. Evidence could include:
- Accident reports
- Medical records
- Expert testimony
- Photos or videos
- Autopsy records
Expert witnesses may explain complex aspects of the accident case, while lay witnesses can explain what they saw or how the death has impacted your family. Medical staff, first responders, witnesses, and others may testify. You could also testify.
The defendant’s attorney
Closing Statements
At the conclusion of the trial, your lawyer gives a closing statement that recaps the case.
Jury Instructions
The judge gives the jury instructions on the law and how to reach a verdict. The jury then deliberates by reviewing the evidence and discussing the case in private. The jury makes a decision.
Verdict
The jury determines whether to rule in your favor or the defendant’s. If it finds the defendant responsible for wrongful death, it also determines how much compensation to award. It can award damages for the following:
- Funeral costs
- Medical expenses
- Lost income
- Lost inheritance
- Emotional suffering
- Loss of love and companionship
Contact George Salinas Injury Lawyers for Help with Your Wrongful Death Case
Fortunately, you do not have to go through the steps outlined above alone. You can have quality legal representation by hiring George Salinas Injury Lawyers. Call us today for a free and confidential consultation.