Losing a spouse due to another person’s negligence or recklessness signifies the end of your dreams together, the end of companionship, the removal of your children’s other parent, and a loss of financial stability. At Viloria, Oliphant, Oster & Aman, L.L.P., we have witnessed the aftermath of this unfathomable loss, which has driven us in our pursuit of justice against those responsible. If your spouse has been killed by the actions of another person or company, you should speak with an attorney to explore your legal options.
Wrongful Death Cause of Action
When a person or company seriously injures another person through an act of negligence, the victim has a legal right to file a personal injury lawsuit for damages. The same principle applies when the victim has been killed. A wrongful death cause of action allows the heirs of a victim to seek monetary damages against a person who has caused the death of the victim by a wrongful act or neglect. Under the laws of intestate succession, a decedent’s spouse is a top-priority heir and therefore has legal standing to file a claim of wrongful death.
Wrongful Death Damages
In a wrongful death lawsuit, a surviving spouse has the burden to prove to a jury that the defendant “wrongdoer” was negligent and is at fault for the victim’s death. If the spouse can successfully establish liability, then the jury is tasked with awarding monetary damages.
State law allows spouses to recover damages for “grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent.” Juries may also award damages to repay medical expenses and funeral expenses. Further, in extraordinary examples of recklessness or malice, a spouse may seek punitive or exemplary damages—which are meant to financially punish the wrongdoer.
Contact Viloria, Oliphant, Oster & Aman L.L.P.
If you have lost a spouse due to the negligence or malicious conduct of another person or company, you have the right to pursue financial accountability. Our attorneys have obtained millions of dollars in damages for our clients and will seek to maximize the compensation you receive through a claim or a lawsuit. We are experienced, proven, and motivated to fight for your interests. Contact Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 210-8178 to schedule a free case consultation or contact our office through our website.