My name is Matt Eason. I’ve been practicing personal injury and wrongful death law here in Sacramento for 25 years. In this video, we’ll discuss whether or not a fiancé can bring an action for wrongful death.
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The answer is different from the context in which the question was intended to be asked. However, there are certain situations in which the fiancé is the plaintiff in a wrongful death action.
California has been at the forefront of the country, recognizing that not all relationships are based on marriage and that other relationships might exist. California is one of the few states recognizing that a registered domestic partner can file 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 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 be able to get the action as a guardian ad litem or guardian for 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 to stand 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 claim 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 one, I hope you’ll consider contacting one of the wrongful death attorneys Sacramento in my office or me.
