Decatur, TX Wrongful Death Attorney

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Losing someone you love because of another person’s careless or reckless actions is one of the hardest things a family can go through. Grief is overwhelming on its own, but when that loss was preventable, the pain cuts even deeper. If you lost a family member in or around Decatur, Texas, and someone else’s negligence caused that death, Texas law gives you the right to hold that person or company accountable. At Chandler Ross Injury Attorneys, we represent grieving families in Decatur and throughout Wise County who are ready to fight for justice. Call us at (940) 800-2500 to speak with our team today.

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What Texas Law Says About Wrongful Death Claims in Decatur

Texas law gives families a clear legal path to pursue compensation when a loved one dies because of someone else’s wrongful conduct. That path is found in Chapter 71 of the Texas Civil Practice and Remedies Code, commonly called the Texas Wrongful Death Act. Under Texas Civil Practice and Remedies Code Section 71.002, a person is liable for damages arising from an injury that causes an individual’s death if that injury was caused by the person’s wrongful act, neglect, carelessness, unskillfulness, or default.

This means the law covers a wide range of situations. A drunk driver who runs a red light on U.S. 81/287 near the Wise County Courthouse and kills another motorist. A negligent property owner near the Decatur town square whose unsafe conditions cause a fatal fall. A trucking company whose driver falls asleep on U.S. 380 and collides with a passenger vehicle. All of these can give rise to a wrongful death claim under Texas law.

The law also applies whether the death-causing injury happened inside or outside the state of Texas, per Section 71.003. Importantly, under Section 71.006, a wrongful death action is not blocked just because the death resulted from a felonious act. So even if a criminal case is already underway, your family can still pursue a civil wrongful death claim at the same time.

Under Section 71.009, if the death was caused by a willful act, omission, or gross negligence, the law allows for exemplary damages in addition to actual damages. Exemplary damages, sometimes called punitive damages, are meant to punish especially reckless behavior and send a message that such conduct will not be tolerated. If you believe your loved one’s death falls into this category, the personal injury lawyers at Chandler Ross Injury Attorneys can evaluate your case and explain your options.

Who Can File a Wrongful Death Lawsuit in Wise County, Texas

Texas law is specific about who has the legal right to bring a wrongful death claim. Under Texas Civil Practice and Remedies Code Section 71.004, the action is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. These are the only parties who can bring the claim or benefit from its recovery.

Siblings, grandparents, aunts, uncles, and other relatives do not have standing to file a wrongful death lawsuit under Texas law. This is a strict rule that courts enforce, so it matters who actually brings the claim.

Any one of the eligible family members can file the lawsuit on behalf of all eligible beneficiaries. They do not all have to join together, but the action must represent the entire class. If no eligible family member files within three calendar months of the death, the executor or administrator of the estate is required to bring the action, unless all eligible beneficiaries request otherwise.

Natural and adoptive parents can recover for the wrongful death of a child. Adoptive children may also file for the wrongful death of an adoptive parent. The surviving spouse retains the right to bring the action regardless of whether they have remarried since the death.

Under Section 71.010, the jury decides how to apportion damages among the eligible beneficiaries based on the injury each person suffered from the loss. And under Section 71.011, any damages recovered in a wrongful death action are not subject to the debts of the deceased, meaning the money goes to the family, not creditors.

The Types of Damages Families Can Recover in a Decatur Wrongful Death Case

Wrongful death damages cover both economic and non-economic losses. The goal of the Texas Wrongful Death Act is to compensate surviving family members for what they personally lost when their loved one died.

Economic damages include the financial support the deceased would have provided over their lifetime. Think about a parent working in one of Decatur’s many oil and gas or agricultural operations who was the primary earner for the household. Their death leaves a real financial gap that the law recognizes. Economic damages can include lost wages, lost future earning capacity, loss of household services, and funeral and burial expenses.

Non-economic damages address the emotional and relational losses. These include loss of companionship, loss of love and affection, mental anguish, and loss of parental guidance for children who lose a parent. These losses are real, even if they are harder to put a number on.

In cases involving gross negligence or a willful act, Section 71.009 of the Texas Civil Practice and Remedies Code allows the family to seek exemplary damages on top of actual damages. For example, if a commercial truck driver was impaired by drugs and killed a Decatur resident on Farm Road 51, that level of recklessness could support an exemplary damages claim.

A wrongful death claim is separate from a survival action. A survival action, governed by Texas Civil Practice and Remedies Code Section 71.021, allows the estate to recover for damages the deceased person suffered before death, such as medical bills, pain and suffering, and lost wages between the injury and the time of death. Both claims can often be pursued together, giving the family a more complete recovery.

The Deadline to File a Wrongful Death Claim in Texas and Why It Matters in Decatur

Texas gives families a two-year window to file a wrongful death lawsuit. Under Texas Civil Practice and Remedies Code Section 16.003(b), the clock starts on the date of death, not the date of the accident or injury that caused it. Miss that deadline, and a court will almost certainly dismiss the case, regardless of how strong the evidence is.

This deadline is not just a formality. Evidence disappears quickly after a fatal accident. Security camera footage from businesses along U.S. 380 or near the Decatur square gets overwritten within days or weeks. Witnesses forget details. Physical evidence at a crash scene changes. Every day that passes without legal action makes the case harder to build.

There are limited exceptions that can pause, or “toll,” the two-year deadline. If a surviving beneficiary is a minor child, the statute of limitations may be tolled until that child turns 18. If the responsible party fraudulently concealed their role in the death, the court may extend the filing period. A claimant who was legally incapacitated at the time of death may also receive additional time.

These exceptions do not apply automatically. A court must evaluate the specific facts before granting any extension. Relying on an exception without legal guidance is risky.

The practical takeaway is simple: contact an attorney as soon as possible after a wrongful death. Traffic death rates have doubled in Wise County in just two years, jumping to 35 deaths in 2024, and U.S. 81/287 has remained the county’s most dangerous roadway for several years. Fatal accidents happen on these roads with regularity, and families who act quickly give their attorneys the best chance to gather the evidence needed to build a strong case. Call Chandler Ross Injury Attorneys at (940) 800-2500 right away if you have lost a loved one.

Common Causes of Wrongful Death Cases Near Decatur, Texas

Wrongful death cases in the Decatur area arise from many different types of accidents and negligent conduct. Understanding the most common causes helps families recognize when they may have a valid claim.

Traffic accidents are the most frequent source of wrongful death claims in Wise County. In 2024, 26 accidents in Wise County resulted in a total of 35 deaths, a rate twice as high as 2022, indicating significant risks on Wise County roads. The stretch of U.S. 81/287 running through Decatur sees heavy commercial truck traffic, and collisions involving large trucks often result in fatalities. Farm Road 51, which runs past landmarks like Fossil Pointe Sporting Grounds, has also been the site of multiple fatal crashes.

Drunk driving accidents are another major cause. Alcohol-impaired drivers on roads near downtown Decatur, the Wise County Fairgrounds, or along U.S. 380 can cause fatal collisions that leave families devastated. Under Texas law, a criminal DWI prosecution does not prevent the family from also filing a civil wrongful death claim.

Workplace accidents claim lives in Wise County every year. The oil and gas industry, agriculture, and construction all carry serious risks. When a worker dies because an employer failed to maintain a safe work environment, the family may have a wrongful death claim alongside any workers’ compensation benefits.

Premises liability situations, such as fatal slip and fall accidents or negligent security failures at commercial properties, can also form the basis of a wrongful death claim. Nursing home abuse and neglect is another category that leads to wrongful death cases, particularly when facility staff fail to provide adequate care to elderly residents.

No matter what caused the death, the question at the heart of every wrongful death case is the same: did someone else’s negligence or wrongful conduct cause your loved one to die? If the answer is yes, Texas law gives your family the right to seek justice. Chandler Ross Injury Attorneys is ready to help you find that answer. Call (940) 800-2500 today.

Why Chandler Ross Injury Attorneys Serves Decatur and Wise County Families

Chandler Ross Injury Attorneys is a Denton, Texas personal injury law firm that serves clients in Decatur, Wise County, and throughout North Texas. Our attorneys are licensed in Texas and handle wrongful death cases across the region, including in Wise County District Court, which sits right in downtown Decatur.

We understand the roads and communities where these tragedies happen. We know U.S. 81/287, Farm Road 51, and the intersections near U.S. 380 that have claimed lives in recent years. That local knowledge matters when building a wrongful death case, because context about where and how an accident happened can be critical to proving liability.

We handle wrongful death cases on a contingency fee basis. That means you pay nothing unless we recover compensation for your family. You should never have to worry about legal fees while you are grieving. Our job is to carry the legal burden so you can focus on your family.

We take a thorough approach to every case. We gather police reports, witness statements, surveillance footage, expert testimony, and medical records. We work to identify every liable party, whether that is an individual driver, a trucking company, a property owner, or an employer. We pursue every source of compensation your family is entitled to under Texas law.

Past results in any case depend on the specific facts and circumstances of that case, and no outcome is guaranteed. Every wrongful death case is different. What we can promise is that we will work hard for your family and give your case the attention it deserves. If you lost someone in or near Decatur, call Chandler Ross Injury Attorneys at (940) 800-2500 for a free, confidential consultation.

FAQs About Decatur, TX Wrongful Death Attorney

Who qualifies to file a wrongful death lawsuit in Texas?

Under Texas Civil Practice and Remedies Code Section 71.004, only the surviving spouse, children, and parents of the deceased have the legal right to file a wrongful death claim. Siblings, grandparents, and other relatives do not qualify under Texas law. Any one eligible family member can file on behalf of the entire group, or they can file together. If no eligible family member files within three months of the death, the estate’s executor or administrator may bring the action.

How long do I have to file a wrongful death claim in Decatur, Texas?

Texas Civil Practice and Remedies Code Section 16.003(b) gives families two years from the date of death to file a wrongful death lawsuit. The clock starts on the date of death, not the date of the accident. Limited exceptions can pause this deadline, such as when a beneficiary is a minor child or when the responsible party concealed their role in the death. These exceptions are not automatic, so contact an attorney right away rather than assuming extra time is available.

Can I file a wrongful death claim if there is already a criminal case?

Yes. Under Texas Civil Practice and Remedies Code Section 71.006, a wrongful death claim is not blocked because the death was caused by a felonious act or because a criminal case is already in progress. A civil wrongful death case and a criminal prosecution can proceed at the same time. The standards of proof are different in civil and criminal court, so a civil case can succeed even if the criminal case does not result in a conviction.

What damages can my family recover in a Texas wrongful death case?

Eligible family members can recover both economic and non-economic damages. Economic damages include lost financial support, lost future earnings, loss of household services, and funeral and burial costs. Non-economic damages cover mental anguish, loss of companionship, loss of love and affection, and loss of parental guidance. In cases involving gross negligence or a willful act, Texas Civil Practice and Remedies Code Section 71.009 also allows for exemplary damages. The specific amount depends entirely on the facts of each case, and no result is guaranteed.

What is the difference between a wrongful death claim and a survival action in Texas?

A wrongful death claim compensates the surviving family members for their own personal losses resulting from the death, such as lost financial support and loss of companionship. A survival action, governed by Texas Civil Practice and Remedies Code Section 71.021, is brought by the estate and seeks compensation for damages the deceased person suffered before dying, such as medical expenses, pain and suffering, and lost wages between the injury and death. Both types of claims can often be filed together, and pursuing both may result in a more complete recovery for the family and estate.

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