Legal complications that arise when seeking justice can exacerbate the painful experience of losing a loved one to wrongful death. For unmarried partners who have experienced such a loss, filing a wrongful death claim may raise concerns about their legal standing and rights under state law. Generally, a surviving spouse of the victim under a legal marriage has the right to file a wrongful death claim for compensation.
In this article, you will understand who can bring a wrongful death claim in California and how to file one to receive compensation for the losses.
Who Can Bring a Wrongful Death Claim in California?
Typically, the legal representative of the deceased’s family can file a wrongful death claim. This claim aims to pursue compensation for the damages obtained by the victim’s surviving family or loved ones. According to California Civil Code 337.60, the qualifying parties authorized to file such a lawsuit include:
- The surviving spouse
- Children of the deceased
- The victim’s parents (without a spouse or children)
- The victim’s siblings (If the victim’s spouse, kid, or parent does not survive)
In circumstances where direct family members are not present, persons entitled to the deceased’s estate under intestate succession laws may file a wrongful death lawsuit. However, in such cases, you must have valid evidence or documentation justifying that you are the deceased’s estate under intestate succession laws.
Can an Unmarried Partner File a Wrongful Death Claim in California?
Generally, the surviving spouse of the fatal victim has the right to file a wrongful death claim in California. But what happens if you do not legalize your partnership under marriage and the other partner dies due to wrongful death?
For unmarried partners seeking to file a wrongful death claim, they must prove that they were financially dependent on the fatal victim or they were a cohabiting partner before the accident that caused the wrongful death. However, you will need to have proof of such claims before the court finds you eligible for a wrongful death case.
Moreover, you may need to seek legal help from a wrongful death claim lawyer while navigating the difficulties of such claims as an unmarried partner. Speaking with a knowledgeable attorney can help clarify qualifying requirements, evaluate the strength of the case, and defend the partner’s rights through court proceedings.
How Can I Prove That I Am a Cohabiting Partner for Wrongful Death?
In a wrongful death case, proving that you are a cohabiting partner requires demonstrating the level of your financial dependency and relationship with the deceased, as well as presenting proof of your cohabitation. The following types of evidence can back up your claim:
Documentation of the Relationship and Financial Dependency:
One of the first few proofs the court may acknowledge is documentation of the relationship and financial dependency. To obtain this, gather documents that attest to the type and duration of your partnership, such as shared bank accounts, leases, utility bills, and property ownership agreements. You can also provide affidavits from friends, family, or acquaintances attesting to your cohabitation status and the nature of your relationship with the deceased.
Moreover, you can justify being financially dependent on your spouse by providing evidence of shared financial responsibilities, such as joint payment of rent or mortgage, shared household expenses, or joint tax filings.
Witness Testimony
Witness testimony is another piece of evidence to prove your relationship with the victim. You can ask witnesses, such as neighbors, landlords, or common acquaintances, to testify about the nature of your relationship and cohabitation. In such statements, you can show firsthand recollections of your living situation and the details of your relationship with the deceased from witnesses.
Personal Statements, Social Media and Communication Records
A personal statement, backed with other evidence, can be a reliable proof of a relationship. You can write a comprehensive statement detailing your relationship history with the victim, including the duration of your cohabitation, shared responsibilities, and future goals. You can also share the financial and emotional assistance you gave each other during the relationship, emphasizing times when you relied on one another.
In addition, you can provide proof of the closeness and depth of your relationship with the dead by showing letters, texts, emails, and social media posts. When using such evidence, emphasize messages that demonstrate commitment to one another, shared experiences, or cooperative decision-making.
You can make a more compelling case as an unmarried partner in a wrongful death claim by gathering and presenting convincing proof of your cohabitation and financial dependence on the deceased. Hiring a wrongful death claim lawyer with extensive knowledge will help you increase the likelihood of establishing that you are a cohabiting partner and pursue just compensation for your loss.
What Damages Can I Include in My Wrongful Death Case?
Aside from the medical bills obtained before the victim’s passing, you have other losses to take care of, such as funeral and burial expenses. In a wrongful death claim, you may pursue various types of damages when determining the settlement offer:
Economic damages encompass tangible financial losses, including:
- Medical expenses incurred by the victim before their demise,
- Loss of the victim’s income,
- Loss of financial support,
- Loss of potential inheritance from the deceased,
- Funeral and burial expenses of the dead, among others.
Meanwhile, non-economic damages represent the emotional or psychological impacts resulting from the accident that led to the death of your loved one. Examples of such damages include:
- Loss of companionship,
- Loss of emotional support,
- Loss of life enjoyment, and others.
Finally, punitive damages denote the monetary award imposed on the defendant. This form of compensation serves as a deterrent for the reckless actions of the at-fault party, which caused the accident in California.
Your wrongful death claim lawyer will thoroughly assess all potential areas of compensation, calculate your damages, and negotiate the optimal settlement amount on your behalf.
Lawyer’s Tip: Only the court will impose punitive damages and include them in your settlement. It is best to contact a personal injury lawyer who can assess the facts of your case, determine if you are eligible for punitive damages, and contend for it to maximize your payout.
Do I Need a Wrongful Death Claim Lawyer When Filing a Case?
Wrongful death claims involve intricate legal processes, including gathering evidence, navigating complex laws and regulations, and negotiating with insurance companies. Unfortunately, it becomes more complicated if you have to prove your relationship with the deceased before having the right to compensation for the losses.
In such instances, it may take time to justify the relationship as the court will likely need sufficient and valid evidence justifying your relationship with the fatal victim. What happens if you take a longer time to prove this, reducing the time you are allowed to file the actual wrongful death claim? Note that in California, you generally have two years from the victim’s death to pursue a case.
An experienced wrongful death claim lawyer is qualified to manage these details promptly and professionally. They can evaluate your case’s strength and provide legal advice about possible results and available legal solutions. They can assist you in figuring out who is liable, what your rights are, and how much your claim is worth.
How Can a Wrongful Death Attorney from Jacoby & Meyers Help Me?
At Jacoby & Meyers, our unwavering dedication to assisting accident victims in obtaining the justice they deserve remains resolute. We are committed to giving back to our communities by facilitating access to essential medical care for those impacted by accidents. Our legal team has streamlined an effective process to ensure that you are well-informed about your legal rights and receive the justice rightfully owed to you.
Our team of dedicated legal professionals offers exceptional service by:
- Maintaining transparent and open communication throughout the entirety of your case.
- Expertly negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your anxieties.
- Safeguarding your legal rights by establishing liability, assessing the extent of damages, and vigorously advocating for your claim.
We offer free consultations where you can receive legal guidance from California accident attorneys. To explore your legal options, call 800-500-0000.
Jacoby & Meyers. Because Everyone Deserves Justice.
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Frequently Asked Questions
Do you have further questions regarding wrongful death claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.
- Wrongful Death Claims: What Are They and How Do They Work?
- Can You Sue for Wrongful Death in a Motorcycle Accident Claim?
- Can I File A Pedestrian Wrongful Death Claim in Calabasas?
- How To Document Witness Testimonies for Car Accidents in California
- How Does the Burden of Proof Work in Personal Injury Claims in California?
Works Cited
California Legislative Information. Accessed 11 March 2024.
“Statute of Limitations – getting_started_selfhelp.” California Courts, Accessed 11 March 2024.