What Happens in a Wrongful Death Trial?

 Posted on October 07, 2025 in Wrongful Death

Getting a phone call that your spouse, child, or parent has been critically injured or killed in a car crash is the stuff of nightmares. You may feel confused, overwhelmed, or completely numb. If you have young children, or depend on your spouse or parent for your financial stability, the future may seem especially bleak.

In Texas, people often pursue wrongful death claims to hold responsible parties accountable and seek compensation. A trial can be intimidating, but knowing what happens next can help you get through the process more confidently.

At The Bettersworth Law Firm, our New Braunfels wrongful death attorney provides free consultations to help you make decisions about what to do next. Call us today at 830-606-0404. 

Do Wrongful Death Cases Get Decided in a Trial?

A wrongful death case begins when a family files a civil lawsuit against the person or entity they believe caused the death. Before trial, both sides get as much information as they can through the discovery process. Pre-trial motions may address which evidence can be used. These steps help both sides prepare for trial and clarify what the jury will consider.

What Happens During a Wrongful Death Trial?

The judge will explain the rules and courtroom procedures. If the trial is a jury trial, then each side’s attorneys will try to pick jurors they think will be favorable to their case. Jury selection is important because the jurors will decide the outcome.

After the jury is chosen, both sides give opening statements. The family’s attorney explains how the defendant’s actions caused the death, while the defense may present a different perspective. Opening statements set the stage for what the jury will hear during the rest of the trial.

Evidence in a Wrongful Death Trial

Depending on the type of case, evidence can include accident reports, hospital records, expert testimony, charts, photographs, or other documents proving negligence or fault. 

Experts help explain complex details so the jury can understand. The family’s attorney will try to show that the defendant’s behavior killed the victim, while the defense will challenge evidence or offer other explanations.

Witnesses are called to describe what they saw or know. Medical staff, first responders, or other professionals may testify. Cross-examination allows the other side to question witnesses and challenge their statements. Families may also explain how the death has affected their daily lives. Courts consider these impacts when determining damages.

How Does the Jury Decide on Damages in a Wrongful Death Case?

After evidence is presented, the judge instructs the jury on the law and what they must decide. The jury deliberates in private, reviewing the evidence and discussing the case. In wrongful death cases, the jury must find liability based on a preponderance of the evidence, meaning it is more likely than not that the defendant caused the death.

If the jury finds the defendant responsible, they also decide on damages. Compensation can cover medical bills, the costs of a funeral, a lifetime of lost income, and emotional suffering.

Contact a New Braunfels, TX Wrongful Death Lawyer

Going to trial in a wrongful death case is challenging, but you do not have to navigate it alone – that is what The Bettersworth Law Firm is here for. We have experience with complex trials and large verdicts and have guided thousands of injured parties through each step of the recovery process.

Call a Guadalupe County, TX wrongful death attorney at 830-606-0404. We offer free consultations and contingency fee billing. We will review your case, explain the trial process, and help you pursue justice for your loved one.