Daniel Petrov | June 23, 2025 | Wrongful Death
Losing someone you love is always painful. When that loss is caused by someone else’s actions (like in a car accident, a slip and fall, or another preventable tragedy), the grief can come with many unanswered questions, especially legal ones. If you’re an unmarried partner who has lost your significant other in El Cajon, California, you may be wondering if you have the right to file a wrongful death claim.
At Petrov Personal Injury Lawyers, we understand that navigating this kind of loss is overwhelming. Our team has helped many grieving families in El Cajon and throughout San Diego hold the responsible parties accountable.
What Is a Wrongful Death Claim?
In California, a wrongful death claim is a legal action that allows certain individuals to seek compensation after the death of a loved one caused by someone else’s negligence, recklessness, or intentional act.
These cases often arise from:
- Car, motorcycle, or truck accidents
- Pedestrian accidents
- Slip and fall incidents
- Medical negligence
- Workplace accidents
- Defective products
A successful claim can help cover things like funeral expenses, lost income the deceased would have earned, loss of companionship, and more.
Who Can File a Wrongful Death Claim in California?
California law is specific about who has the legal right to bring a wrongful death lawsuit. Here’s a general breakdown of the people who are eligible:
- Surviving spouse or registered domestic partner
- Children of the deceased
- Grandchildren, if the deceased’s children are also deceased
- Dependent stepchildren or putative spouses (a person who believed in good faith they were married to the deceased)
So, where does that leave unmarried partners?
Can an Unmarried Partner Sue for Wrongful Death?
In most cases, unmarried partners do not automatically have the legal right to file a wrongful death claim in California. The law prioritizes biological and legally recognized relationships. However, there are some exceptions and gray areas.
You may be eligible to file a wrongful death claim if:
- You are a putative spouse (someone who genuinely believed you were married to the deceased, even if the marriage was legally invalid)
- You were financially dependent on the deceased
- You can demonstrate a long-term, committed relationship and shared financial responsibilities
Each case is different. If you’re not sure whether you qualify, it’s a good idea to speak with a wrongful death attorney in California who can review the specific details of your relationship and offer guidance.
What Is a Putative Spouse?
A “putative spouse” is a legal term used in California to describe someone who honestly believed they were married to the deceased, even if it turns out the marriage wasn’t legally valid (because of a technical issue like a paperwork error or a prior undissolved marriage).
If a court recognizes you as a putative spouse, you may have the same rights as a legal spouse when it comes to wrongful death claims. This often requires proof of:
- A formal ceremony or a marriage license
- Evidence of cohabitation and shared finances
- The genuine belief that the marriage was legal
This type of claim can be complex, but with legal support, it may be possible to establish your rights.
What If You Lived Together for Years?
Unfortunately, cohabitation alone doesn’t grant legal standing in a wrongful death case. Even if you lived together for years, shared bills, and acted as a married couple, California law still typically favors legally recognized relationships.
That said, you might still be able to participate in the claim or settlement if:
- The legal heirs include you in their filing
- You qualify as a financial dependent
- You’re a parent of a child with the deceased
Because every family is unique, it’s important to discuss your situation with an attorney who understands how California wrongful death laws apply to unmarried partners in San Diego.
Can Multiple People File a Wrongful Death Claim Together?
Yes. In California, all eligible claimants must generally join together in a single wrongful death lawsuit. This might include a surviving spouse, children, and sometimes others who qualify, like putative spouses or financially dependent stepchildren.
What Types of Damages Can Be Recovered?
If you’re able to file or join a wrongful death claim, you may be able to seek compensation for:
- Funeral and burial costs
- Loss of financial support
- Loss of household services
- Loss of love, companionship, and emotional support
These aren’t just numbers; they represent real losses that impact your daily life. Having an experienced wrongful death attorney on your side can help ensure all your losses are fully accounted for.
Contact Us For a Consultation
At Petrov Personal Injury Lawyers, we proudly serve clients throughout El Cajon, San Diego County, and nearby areas, offering services in Spanish and Russian to support our diverse community. If you’ve lost a loved one and aren’t sure about your legal rights as an unmarried partner, don’t hesitate to reach out.
California law can make wrongful death claims complicated for unmarried partners, but there are cases where you may have a right to file. We’re here to listen, explain your options clearly, and advocate for you every step of the way.
Call us at (619) 344-0360 or contact us to schedule a consultation. Your story matters, and we’re ready to help.