Wrongful Death Attorney Decatur
Last updated on August 25, 2025
Wrongful death refers to a legal claim that arises when a person dies as a result of someone else’s negligence or intentional act. The claim is typically brought by the surviving family members or the estate of the deceased person. Wrongful death can result from a variety of incidents, such as medical malpractice, car accidents, workplace accidents or criminal acts.
At Carrillo|Sipes|Tibbels, PLLC, our wrongful death attorneys serve families in Decatur and the Dallas/Fort Worth area. We help clients navigate the legal process with care and clarity, always focused on protecting their rights and securing the compensation they deserve.
What Is Wrongful Death Litigation?
Wrongful death litigation is a legal process in which the surviving family members or the estate of a deceased person seek to hold a person or entity accountable for their wrongful actions that caused the death. Wrongful death lawsuits are usually brought in civil court, and the standard of proof is typically lower than in criminal cases.
The Wrongful Death Litigation Process
The litigation process involves several stages, including investigation, discovery, negotiation and trial. During the investigation stage, the plaintiff’s attorney gathers evidence to support the claim, such as witness statements, medical records and other relevant documents. During the discovery stage, both parties exchange information about the case, including witness lists, depositions and other evidence.
Negotiation often occurs during the discovery stage, as the parties attempt to reach a settlement without going to trial. If a settlement cannot be reached, the case proceeds to trial, where a judge or jury will hear the evidence and make a determination on liability and damages.
Surviving loved ones may pursue compensation for both financial and emotional losses. These can include the cost of medical treatment, funeral and burial expenses, the deceased’s lost earnings and other economic impacts. In addition, families often seek damages for the emotional impact of their loss, such as mental anguish and the absence of the deceased’s companionship and support.
Wrongful death cases are often legally complex. Families must show that the at-fault party owed a legal duty to the deceased, failed to meet that duty, and directly caused the death. This process involves gathering and presenting strong evidence, such as medical records, witness accounts and expert testimony. This may also lead to settlement negotiations or a trial.
How Are Settlement Amounts Determined?
Wrongful death compensation is based on many factors unique to each case. While no amount can replace a lost loved one, financial recovery can provide support and accountability. Settlement values are influenced by:
- Medical and funeral expenses: Costs related to treatment and burial are typically recoverable.
- Loss of income and benefits: Includes lost wages and benefits the deceased would have earned or provided.
- Loss of companionship and emotional support: Non-economic damages address the emotional toll on surviving family members.
- Age and health of the deceased: Life expectancy and health status may affect projected financial loss.
- Liability and evidence: The strength of the evidence, available insurance and fault level can impact the final amount.
Each of these elements helps calculate what may be available through a settlement or jury verdict.
What Are The Statutes Of Limitations On Wrongful Death Claims?
Texas law sets a time limit on filing wrongful death claims. In most cases, you must file within two years of the person’s death. Key points include:
- Standard deadline: The claim must usually be filed within two years from the date of death.
- Claims brought by minors: If the surviving heir is a minor, the time limit may be extended until they reach age 18.
- Delayed discovery: In rare situations, if the cause of death wasn’t immediately known, the timeline may begin when it was reasonably discovered.
- Intentional acts: The timeline generally remains two years, even in cases involving criminal conduct.
Missing the deadline can prevent you from ever bringing a claim, so it’s important to act quickly.
Talk To A Wrongful Death Attorney In Decatur Today
If you’ve lost a loved one due to another person’s negligence, reach out to Carrillo|Sipes|Tibbels, PLLC, for clear guidance and compassionate legal support. Our attorneys handle wrongful death claims throughout Wise County and the broader North Texas region.
Call 940-400-7595 or contact us online today to schedule a free consultation with a wrongful death attorney. We’re here to help you seek answers, accountability and the compensation your family deserves.
