My name is Matt Eason. I’ve been practicing personal injury and wrongful death law here in Sacramento for 25 years, and in this video, we’re going to discuss the question of whether or not a fiancé can bring an action for wrongful death.
Please click here to view the video.
Within the context that the question was intended to be asked, the answer is no. However, there are certain situations in which the fiancé actually is the plaintiff in a wrongful death action.
California has been at the forefront around the country as far as recognizing that not all relationships are based on marriage and that other relationships might exist. California is one of the few states that recognize that a registered domestic partner can bring a lawsuit. Unfortunately, we’ve not progressed to the stage where a traditional fiancé has the right to bring a wrongful death action for their personal damages.
That being said, a wrongful death action can be brought by the estate or administrator of the estate of someone who’s passed away. Consequently, if a fiancé opens up a probate estate for that person and then acts as the administrator or the executor, they can bring a wrongful death action. However, the benefits and proceeds of that wrongful death action do go to the natural errors of that estate, which unfortunately may not include the fiancé. In addition to the fiancé bringing an action on behalf of the estate, the fiancé may actually be able to bring the action as a guardian ad litem or guardian for the purposes of a lawsuit on behalf of the decedent’s children. So when the fiancé’s children are the decedent’s actual heirs, the fiancé may have standing on their behalf to bring a wrongful death action.
While not a fiancé, what is known as a putative spouse, someone who thinks that they were married, but for some lawful technicality wasn’t married, may have legal standing to bring an action in California. Another category worth discussing in this video isn’t technically about having the standing to bring the claim for wrongful death, but rather to bring a claim for death benefits under the workers’ compensation system. Under the California workers’ compensation system, even if you were not lawfully married, but rather the fiancé or not even a fiancé, just simply financially dependent upon the decedent, you may have entitlements under the workers’ compensation system for death benefits.
If someone tells you that a fiancé cannot make a claim for wrongful death, I wouldn’t take that at face value. There are different ways in which a fiancé may be involved in the wrongful death process. If you believe you may have a claim or want to pursue a claim, I hope you’ll consider reaching out to one of the Sacramento wrongful death lawyers in my office or me specifically.
