Losing a loved one due to someone else’s negligence or wrongful actions can bring an emotional and financial toll on surviving families. While nothing can get their life back, receiving compensation for the losses sustained due to wrongful death can help alleviate the financial burden.
However, unmarried couples who have lost their significant other under such unfortunate circumstances may find it especially challenging to navigate the legal complexity of pursuing a wrongful death claim for compensation. This is because immediate legal families usually have the right to file such cases.
In this guide, we will explore the complexities of such instances and the possible legal avenues available to unmarried partners seeking justice and compensation for the wrongful death of their loved ones.
When Can I File a Wrongful Death Claim?
A wrongful death claim frequently arises when another party’s negligence, recklessness, or wrongdoing causes a person’s death. For example, the surviving family of a pedestrian struck by a drunk driver can file a car accident claim against the involved motorist since the crash results from a DUI violation.
Generally, a wrongful death claim can move forward if it meets specific criteria for negligence:
- The defendant had a duty of care towards the deceased.
- The defendant breached this duty.
- The breach of duty led to an accident.
- The accident resulted in damages or the death of the deceased.
To prove these elements of negligence, you must have evidence supporting your wrongful death claim. This evidence may include the at-fault party’s contact details, such as their name, address, insurance information, accident scene photographs, the police report, witness statements, and medical documentation from doctors diagnosing the deceased’s injuries or conditions.
Who Should File Wrongful Death Claims?
Typically, the legal representative of the deceased’s family has the authority to initiate a wrongful death claim, seeking compensation for damages incurred by the surviving family or loved ones. While this can differ depending on the jurisdictions of several states, the following entities typically have the right to file:
- The deceased’s surviving spouse
- The deceased’s children, including those adopted
- In rare situations, the deceased’s parents, especially if they were juvenile or unmarried with no children
- Any other people who were financially dependent on the dead, such as stepchildren or potential spouses.
It is critical to speak with a knowledgeable attorney versed in your jurisdiction’s wrongful death laws to identify who has the legal right to make a wrongful death claim in your particular situation.
Can an Unmarried Partner File a Wrongful Death Claim?
Generally, an unmarried partner of the deceased victim may file a wrongful death claim if they can prove that they were cohabiting partners and were financially dependent on the victim before the accident. However, this still depends on the jurisdiction of your state.
In such an instance, the unmarried partner must demonstrate that they were in a devoted relationship with the deceased, similar to that of a married couple. Here are some types of evidence you can collect to demonstrate such a relationship:
- Shared bank accounts, leases, utility bills, and real estate ownership agreements
- Affidavits from friends, family, or acquaintances attesting your cohabitation status and the nature of your relationship with the deceased
- Statements from witnesses, such as neighbors, landlords, or common acquaintances, testifying about the nature of your relationship and cohabitation
- A detailed description of your relationship history with the victim
- Letters, messages, emails, and social media postings to demonstrate the intimacy and depth of your relationship with the deceased
You can strengthen your position as an unmarried partner in a wrongful death claim by compiling and presenting compelling evidence of your cohabitation and financial reliance on the deceased. You can also hire a skilled wrongful death claim attorney to enhance your ability to establish your status as a cohabiting partner and seek fair compensation for your loss.
What Damages Can I Include in My Wrongful Death Claim?
In the case of a wrongful death, the settlement offer can be based on various damages. For instance, you must address medical expenses paid before the victim’s death and extra financial obligations such as funeral and burial fees.
Economic damages include specific financial losses such as medical expenses incurred by the victim before death, loss of income, loss of financial support, inheritance loss from the deceased, and funeral and burial expenses, among others.
Non-economic damages, on the other hand, include the emotional or psychological toll of the accident that resulted in the loved one’s death, such as loss of companionship, loss of emotional support, and decreased pleasure in life.
Finally, punitive damages are monetary penalties imposed on the at-fault party to punish their risky behavior. Your wrongful death claim attorney will carefully evaluate available compensation options, calculate damages, and negotiate the best settlement on your behalf.
How Can a Lawyer Help Defend My Case?
Wrongful death cases have complex legal procedures, such as gathering evidence, interpreting complicated regulations, and negotiating with insurance companies. The process becomes even more complex when you have to prove your link with the deceased to receive compensation for your losses.
Remember that you must demonstrate that the other party’s wrongful actions caused the accident to build your case. Aside from this, you have first to prove that you were a domestic partner or you were financially dependent on the victim. With all these intricacies, it may be overwhelming, especially if you are going through a difficult time due to your loved one’s passing.
An expert wrongful death claim lawyer is equipped to handle these particulars of your case efficiently and competently. They can assess the strength of your claim and provide legal advice on potential outcomes and available legal options. They can help you determine who is liable, what your rights are, and how much your case is worth.
Overall, managing wrongful death claims as an unmarried partner entails a full awareness of legal procedures, evidence collection, and the complications of proving the deceased’s relationship. Seeking the advice of an expert attorney can significantly assist you in navigating these challenges, ensuring your rights are protected, and raising your chances of receiving fair compensation for your losses.
