Can An Unmarried Partner File a Wrongful Death Claim in PA?
Can an unmarried partner file a wrongful death lawsuit or claim in PA? If you’re asking this question, it’s likely because you’re currently coping with a devastating personal loss. Although nothing can bring back a partner, you might wonder if you can recover compensation by filing a wrongful death claim. Wrongful death cases allow family members to recover compensation when loved ones pass due to negligence.
Surviving family members have the right to seek wrongful death compensation in these circumstances. However, if you’re an unmarried partner grieving a loss in Pennsylvania, you may wonder if you have the same rights.
Understanding Wrongful Death Claims in PA
A wrongful death claim arises when someone passes due to another’s negligence or intentional act. This type of claim allows the deceased’s loved ones to seek compensation for their loss. In Pennsylvania, this can include various damages, such as:
- Funeral and burial costs
- Medical expenses incurred before death
- Loss of income that the deceased would have provided
- Compensation for pain and suffering endured by the deceased
- Loss of companionship and guidance
The purpose of this type of claim is primarily to help surviving loved ones cope with the financial toll of a loss. However, wrongful death compensation can also address the emotional effects of losing someone close. The compensation awarded in a successful wrongful death suit can make a significant difference for families struggling to move forward.
While these claims provide a path to financial relief, the rules surrounding who can file a claim are complex, especially for unmarried partners. The law makes a distinction between legally recognized relationships and those that, while deeply meaningful, may not have formal legal status.
Who Can File A Wrongful Death Claim in PA?
Pennsylvania law is clear on the subject of who can file a wrongful death lawsuit. In Pennsylvania, only spouses, children, and parents may seek wrongful death compensation.
Were you and your partner not legally married at the time of their passing? If so, your right to proceed with a wrongful death action is limited. This is true even if you and your partner were living together.
This can be incredibly frustrating. You may have shared a life with your partner. This could have included a financial life.
Many couples today choose not to marry for personal, cultural, or financial reasons. However, the legal system still often lags behind in recognizing the legitimacy of these partnerships in matters of wrongful death. That disconnect can leave partners feeling invisible during one of the most difficult moments of their lives.
What Are Alternative Options for Unmarried Partners in Pennsylvania?
Filing a wrongful death claim may not be an option for unmarried partners. However, traditional wrongful death cases don’t represent the only ways to seek fair compensation in this scenario.
- Did your partner have a will? Did they name you as a beneficiary? You might be able to file a claim through their estate.
- The estate would pursue the wrongful death claim in this scenario. You would theoretically receive compensation as stated in the will.
- Another potential legal avenue may involve a survival action. A survival action is not the same as a wrongful death claim.A survival action may be brought on behalf of the deceased’s estate for the pain, suffering, and other damages the person experienced before death. This type of action can provide some relief for those named in the estate.
An attorney can guide you through this process. Attempting to recover damages from an insurance company or liable party is challenging in many circumstances. When factors like unmarried status come into play, cases may become even more difficult. Speaking with a lawyer can help you better understand your potential rights to recover damages.
Why Legal Representation Matters
Legal proceedings surrounding wrongful death claims can be emotionally draining and legally complicated. When you are also trying to grieve and adjust to life without your partner, the added pressure of filing paperwork, understanding statutes, and meeting court deadlines can be overwhelming. That’s why having an experienced legal advocate is essential.
A skilled attorney can evaluate your relationship, determine the legal standing of your claim, and help explore all available avenues. Whether it’s representing the estate or seeking damages through other means, legal professionals can help you face a system that often feels indifferent to emotional pain.
Seeking Help During This Difficult Time
At Munley Law, we understand the profound pain that comes with losing a loved one. We also know that you deserve truly dedicated and compassionate assistance when seeking compensation after the passing of a loved one.
That’s why we don’t ask you to take our word for it when we state that we’re the right personal injury and wrongful death team to handle your case. We can instead cite our successful case results, recovering upwards of a million dollars for multiple clients with wrongful death claims and lawsuits.
In addition, our clients frequently sing our praises, saying things like “Munley Law Personal Injury Attorneys is the best law firm” because we genuinely care about our clients.
The pain of losing a partner—married or not—is real and valid. Your relationship matters, and your loss is significant. Although every case is unique, we may be able to help you determine the path to compensation. Contact us today to get started with a free consultation.
Posted in Wrongful Death.