Can I File for Wrongful Death Benefits if my Girlfriend or Boyfriend Dies?
If you and your partner have not tied the knot, there is no denying that obtaining compensation for a wrongful death presents many challenges. After all, the laws in their current form apply to people who are married, and not couples that live together. As a result, there are significant hurdles you must overcome in order to establish your right to damages if your partner died as a result of negligence or willful misconduct.
So, what are your rights when you are a live-in couple and not spouses who are legally married? Can a boyfriend or girlfriend sue in a wrongful death lawsuit in California? If so, what is the process you’ll need to go through?
Your right to file a claim for wrongful death is based on numerous factors, including the nature of your relationship, how long you have been together, and if you are named in the decedent’s will. Because of the complexities that are involved, it’s important to seek guidance from a California wrongful death attorney.

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In California, the right to sue for a loved one’s death generally belongs to those are related or married to the decedent. That means you would need to be a close family member or the spouse in order to seek payments like funeral costs, medical expenses, loss of expected income, and pain and suffering.
Another category of eligible claimants for wrongful death are those who were financially dependent on the individual that passed away. Two common examples are minor stepchildren who were living with the deceased and putative spouses. A putative spouse is someone who was reasonably under the impression that their marriage was legitimate, only to find out later that it was legally invalid.
Wrongful Death Compensation for Unwed PartnersThere is an increasing reluctance among couples to enter into holy matrimony, and it’s very common these days for people to live together for decades and never make things “official.” There are certainly benefits to being unmarried– primarily, not having to go through a divorce if things don’t work out. But changing attitudes in society towards issues like gender equality have also played a role in declining marriage rates in the U.S.
Of course, there are downsides to remaining an unmarried couple, like what to do if one person loses their life in accident. Are you legally prohibited from filing a wrongful death lawsuit because the union between you and your partner was not formalized with a marriage certificate?
Per the law, it’s true that the same rights pertaining to spouses when it comes to a negligent death does not apply to those who are unmarried. Having said, circumstances do exist where unmarried individuals can obtain compensation for the death of a girlfriend or boyfriend.
Joining a Wrongful Death Lawsuit Filed by the Decedent’s EstateBased on all that we have presented here today, it would appear that non-married individuals have no right to any payments from a case for death by negligence. However, there are methods by which wrongful death compensation can be obtained on behalf of someone who is not married to the victim.
If, for example, you are named in your significant other’s will, you can join a wrongful death claim that’s filed by your partner’s estate. If the lawsuit results in compensation, either through a settlement or jury verdict, you will be entitled to a portion of the funds.
Please note that this is a way to receive compensation under the state’s probate laws. In terms of filing a wrongful death claim, the right to do that applies only to spouses or registered domestic partners – an arrangement we will cover in the next section. That’s why it’s essential to have a wrongful death lawyer on your side with experience in claims involving the state’s probate system.
Domestic Partnerships that are Legally RecognizedSome couples that share a household obtain legal recognition for their union through a registered domestic partnership. This is not the same thing as marriage, but it is a legal union nevertheless, where partners have many of the same rights as married couples. This includes the right to file joint tax returns, make medical decisions for each other, and claim damages in a lawsuit for the wrongful death of their partner.
Entering into a domestic partnership is not right for everyone, and there are legal requirements that will exclude certain people from this type of arrangement. To read about the criteria for a registered domestic partnership, please refer to California’s Family Code section 297.
In spite of being recognized by the state as a domestic partnership, there are still limitations on how you can seek wrongful death compensation under the laws in California. If your late partner has family members that are eligible for a claim, you cannot file a wrongful death lawsuit on your own. The acceptable method here is for you and the family members to join a single action to demand compensation from the party at fault.
Wrongful death lawsuits are complicated enough on their own, but there are plenty of variables that can make the process even more challenging. This is the case for anyone who was living with someone they were not married to, which is why legal representation is crucial to a successful outcome.
The lawyers of DTLA are here to help if another individual or entity is to blame for your loved one’s death. Our legal experts are available to you 24 hours a day, 7 days a week, so call us immediately if you have questions or concerns about your eligibility for a wrongful death lawsuit.
Along with decades of experience and a proven track record of recovery, we will offer you a Zero Fee Guarantee right from the start. Under this agreement, we agree to take your case on contingency, meaning we have to win your case in order to get paid. If we fail to obtain the compensation you deserve, you won’t be responsible for any legal fees – guaranteed.
For a free case evaluation on your rights and legal options, contact us today.
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