If you not married to your partner, suing for compensation in a wrongful death lawsuit will be challenging, but yes, it is possible in the state of California. There’s no denying that the laws are geared toward married people are not live-in couples. And this certainly poses obstacles when you are seeking damages for the negligent death of your significant other.
To be more specific when it comes to the laws, the general idea is that parents, children, other close family members, and spouses have the right to file for wrongful death when a loved one is killed by negligence or misconduct. But what can you do if you and that special someone in your life are not married? What are your rights in terms of financial recovery when your partner or fiancé / fiancée passes away?
Whether you are allowed to file a negligent death claim for monetary damages depends on various factors, including your ability to prove the length, nature, and permanence of the relationship. It’s important to have an experienced wrongful death lawyer on your side, who can help you build a solid case for compensation. For a free case review with one of our legal experts, contact the offices of Normandie Law Firm.
Our Recent Verdicts and Settlements
$22 Million
$2.25 Million
$1.5 Million
$1.1 Million
$734,851
$2.3 Million
Rights of Unmarried Partners in a Wrongful Death Case
It’s no secret that more and more people are reluctant to get married when they have the option of living together. This way, they can share a home and many other aspects of their lives without the worry of legal headaches in the event of a divorce. Aside from legal issues, many people feel tied down by marriage in some form of another and want the freedom to remain “unhitched.”
All this brings up and important question when one of the parties loses their life because of someone else’s careless or reckless behavior. Does the lack of a marriage certificate invalidate your right to wrongful death benefits?
Yes, it’s true that the same rights given to married couples in this situation do not apply to those who are living together, even if they have been a recognized couple for decades. However, there are circumstances where you can still obtain damages, even if you and your partner that passed away were not legally married.
California Laws on Filing a Lawsuit for Wrongful Death
Under the current laws in California, those related to the decedent (family members) have the right to sue the party at fault for wrongful death compensation. The spouse of the deceased also has a right to claim monetary damages for deaths caused by an accident or deliberate misconduct (assault and battery, for example)
However, those who can show evidence of being financially dependent on the decedent may be allowed to seek payment as well from a wrongful death claim. These include stepchildren of the deceased, as well as putative spouses. To put is simply, a putative spouse is someone with good reason to believe that they were legally married when the marriage was actually invalid.
Suing for Wrongful Death Through Your Deceased Partner’s Estate
Based on the information we presented in the previous section, it would seem that non-married partners have no recourse when it comes to filing a negligent death claim. However, the wrongful death attorneys of Normandie have represented clients that were successful in obtaining compensation after their partner passed away, even though their union was not recognized by law.
One possibility is to join a claim that’s brought by the decedent’s estate, which you can do if you are included in your partner’s will. If the estate receives a settlement or favorable trial verdict, the money will be distributed to all the people named in the will under the state’s laws of intestate succession. So, this is one way for you recover damages for your partner’s death, even though you were never married.
We want to point out that legally, unmarried partners do not have the right to file a wrongful death lawsuit. To successfully navigate the legal system, make sure to consult a lawyer with many years of experience in wrongful death compensation claims. Your lawyer will work in coordination with the estate’s executor and ensure that you obtain what is rightfully yours.
Proving a Legally Recognized Domestic Partnership
If your goal is to plan ahead for the future, there is one other option you can look into if you are wondering, “Can a live-in couple sue in a wrongful death lawsuit in California?’
In California, you can choose to register as a domestic partnership, which is a legal union for the sake of providing each other with legal rights that are similar to those for married couples. It’s important to stress that this is an alternative to marriage, so you are not classified as spouses. But there are rights that you will be afforded, which include being able to file a claim for wrongful death.
Please note that there are certain criteria you and your partner will need to meet in order to be registered as domestic partners in the state of California. These requirements are explained in California’s Family Code section 297.
Another aspect to keep in mind is that unmarried partners cannot file an action for wrongful death on their own if there are family members who are eligible for compensation. Instead, their claim for benefits must be part of a single action by all the claimants in order to be accepted by the court.
Contact Normandie Law Firm
At the end of the day, any lawsuit involving a wrongful death comes with many complications. For an unmarried couple, there are additional hurdles to overcome, and this is why it’s essential to obtain legal advice from a wrongful death lawsuit attorney.
Our law firm is with you every step of the way, so don’t hesitate to give us a call. We are ready to assist you 24/7, and we will not rest until all the available options have been explored on your behalf. Along with skilled representation based on decades of experience, we will offer you a Zero Fee Guarantee. That means you pay $0 out of pocket when you agree to hire us. Furthermore, you will be charged $0 if we don’t bring secure payment on your behalf, so you have the assurance of knowing that your finances are not at risk.
Contact us today and schedule a free consultation if you would like to explore your rights and legal options.
Other Pages on Our Website Related to This Topic
Do I have to Pay Taxes on a Wrongful Death Settlement?
Can an Aunt or Uncle of the Deceased Person File a Wrongful Death Lawsuit?
Can a Stepson or Step Daughter File a Wrongful Death Lawsuit in California?
