Can a Boyfriend or Girlfriend File a Claim for Wrongful Death in California?

The tradition of marriage is still alive and well, but nowadays, it’s very common for people to choose alternate arrangements, like living together as boyfriend and girlfriend. And many of these couples coexist happily for decades without any regrets.

Of course, not every situation is ideal, and there are downsides to not being married. For example, those who are married have certain legal rights, like being able to make medical decisions on the other persons’ behalf if they are incapacitated. The accidental death of one partner – either from negligence or deliberate misconduct – is a particularly complex matter between unwed couples.

There is no denying that the laws for wrongful death claims pertain to those who are close family members (parents, children, siblings, etc.) or the spouse of the victim. Thus, it would seem that anyone outside of this close-knit circle is out of luck where a wrongful death lawsuit is concerned. However, there are circumstances where an unmarried partner is allowed to pursue a legal case.

Your right to seek wrongful death compensation is based on various elements that we will cover throughout this article. But this information is for general purposes only, meaning it’s a reference tool and not a step-by-step guide on how to file a wrongful death claim for if your partner or fiancé / fiancée passes away.

The wrongful death lawyers of Kenmore are here for you 24/7 if you have any questions or concerns. Contact us anytime to receive a free consultation.

Wrongful Death Payments for Those Who are Unmarried

Society is constantly evolving, and many of the attitudes regarding marriage from past generations no longer apply. Though plenty of people still choose to get married, there is a rising trend in couples that remain unhitched. The possibility of divorce and all the headaches involved is one reason for why there are so many live-in couples. But it’s also a personal choice based on many factors, like progressive ideas on gender roles, career goals, and not being confined to a legal union.

While these are all valid considerations, it does present challenges when it comes to one’s legal rights. What happens if your significant other dies because of someone’s careless or reckless actions? Are you prohibited from seeking wrongful death payments because you relationship was never formalized with a marriage certificate?

Can a Boyfriend or Girlfriend Sue in a Wrongful Death Lawsuit in California?

According to the laws in California, the right to file a lawsuit for wrongful death is exclusive to those who are married or related to the decedent. So, you would need to be a family member or someone who is legally married to the deceased in order to proceed with a claim against the party that caused your loved one’s death.

There are very few cases where non-relatives or spouses are allowed to seek wrongful death benefits. One possibility is a negligent death claim filed on behalf of a stepchild who was financially dependent on the decedent. Putative spouses – those who had good reason to believe they were in a legal marriage that was actually invalid – may also be eligible for compensation from a wrongful death claim.

Obtaining Wrongful Death Payments Through the Estate

Though you cannot directly file a claim for negligent death benefits, you have the option of joining a lawsuit that’s filed by your partner’s estate – as long as you are named in the will. That means any compensation from a settlement or jury verdict is paid to the estate. At that point, California’s laws of intestate succession will determine how the money is distributed.

These legal actions can be quite complicated, as you are dealing with probate laws rather than the guidelines for a personal injury case. That’s why it’s essential to work with a law firm that can help you in both of these areas, thereby ensuring that you can obtain what is rightfully yours.

Filing a Claim as a Registered Domestic Partner

Unmarried couples that are registered as domestic partners have the option to seek compensation from a wrongful death claim. This is a legal union that’s similar to marriage, though it’s important to understand that it’s not the same thing. However, registered domestic partnerships provide each partner with many of the same rights as they would have in a marriage.

There are specific conditions that apply if you are interested in a domestic partnership, like both partners being over the age of 18. For a full list of the requirements set forth by the state of California, please refer to California’s Family Code section 297.

Please note that you will not be able to file a wrongful death lawsuit on your own if there are family members who are also entitled to monetary damages. In this situation, you must all join a single action against the defendant in order for the case to be accepted by the court system.

Contact Kenmore Law Group

Wrongful death lawsuits are complicated undertakings, no matter the circumstance. However, those who are unmarried at the time of their loved one’s death face additional challenges that require help from a lawyer with experience in negligent death cases.

By contacting us today, you will receive a free consultation to learn about your rights and legal options. If you are eligible for a claim, we will represent you on contingency and wait until the recovery of your settlement to deduct our expenses. If it turns out that we do not succeed in winning your case, you are protected by the Zero Fee Guarantee, so you owe us $0 in legal fees.

We look forward to assisting you, so please reach out to us at your earliest convenience.