In California, an ex-girlfriend or ex-boyfriend typically cannot sue for a wrongful death. However, although rare, there are certain circumstances can allow them to be eligible to file a claim. To understand your eligibility it is recommended to consult with a Wrongful Death Lawyer about your situation.
When Can an Ex-Girlfriend/Ex-Boyfriend Sue for a Wrongful Death?
In the event that an individual suddenly loses their ex-girlfriend or ex-boyfriend due to the actions of another, there is limited standing for them to file a wrongful death claim. California Code of Civil Procedure 377.60 specifies the individuals who may file a wrongful death lawsuit:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
The only circumstance where an ex-girlfriend or ex-boyfriend can be included is if they were financially dependent on the decedent. This can be difficult to prove for an ex-girlfriend or ex-boyfriend considering their relationship to the decedent is much different than if they were an ex-spouse. Ex-spouses can be responsible for alimony and child support, while ex-boyfriends and ex-girlfriends cannot. This makes it difficult to prove financial dependence needed to file a wrongful death lawsuit.
Wrongful Death Damages in California
A wrongful death settlement or verdict typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. They include:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Determining Wrongful Death in California
When dealing with a wrongful death scenario, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law.
If you can prove someone else’s negligence caused the death of your loved one, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:
- Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
- Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal motorcycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
- Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
- Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.
Contact a California Wrongful Death Lawyer
If you are considering filing a wrongful death claim as an ex-girlfriend or ex-boyfriend, it is crucial to consult with one of the experienced Wrongful Death Lawyers at Maison Law. Contact us today for a free consultation and we can assess your legal options going forward.
