Losing a loved one is devastating, no matter your legal relationship. For unmarried partners or fiancés, the pain is often compounded by legal barriers. A Minneapolis wrongful death lawyer can help navigate the complicated process of seeking justice.
What Is A Wrongful Death Claim?
A wrongful death claim is a legal action brought when someone dies due to another person’s negligence or misconduct. It can arise from car accidents, medical malpractice, workplace incidents, or other fatal events. The claim allows surviving family members to seek compensation for their loss.
In Minnesota, wrongful death claims are governed by state statute. This law determines who can file the claim and what damages may be recovered. Unfortunately, not everyone who suffers a loss has legal standing to bring a case.
Who Can File A Wrongful Death Claim In Minnesota?
Minnesota law gives specific individuals the right to file a wrongful death claim. Typically, this includes the surviving spouse, children, parents, grandparents, and siblings of the deceased. These individuals must petition the court to appoint a trustee to handle the claim.
This trustee files the lawsuit on behalf of all entitled family members. The court decides how any settlement or judgment is divided among them. The law aims to support immediate family, but it doesn’t automatically recognize unmarried partners.
Where Unmarried Partners Stand
If you were not legally married to your partner, Minnesota law may not view you as a legal beneficiary. Even long-term cohabitation or engagement doesn’t guarantee you the right to pursue a wrongful death claim. This can be heartbreaking for partners who shared a life, home, and future with the deceased.
Unless you fall into another eligible category, such as the parent of a shared child, you may be excluded. The law focuses on blood or legal relationships, not emotional or long-term connections. This leaves many unmarried partners with no straightforward legal remedy.
Legal Options For Unmarried Partners
That said, all hope is not lost. In some situations, an unmarried partner may be eligible to receive a portion of the settlement if the legal family agrees. This would require the trustee and other family members to include you in the distribution voluntarily.
Additionally, if you have a child of the deceased, you may qualify as a legal heir through your child. You might also have independent claims for things like emotional distress or property loss, depending on the circumstances.
It’s crucial to speak with a knowledgeable attorney who understands these legal nuances. A Minneapolis wrongful death lawyer can assess whether any avenues exist to protect your rights.
Why The Law Is Slow To Recognize Unmarried Relationships
Minnesota’s wrongful death laws were written with traditional family structures in mind. As a result, they haven’t kept pace with the reality that many couples choose not to marry. The law still treats marriage as the gold standard for determining rights after death.
This creates a legal blind spot, leaving committed partners out. Even if you lived together for decades or were engaged to be married, the courts might not see you as a legal next of kin. The law’s rigidity can feel especially unfair during a time of profound grief.
Change is slow, but advocacy continues to push for recognition of diverse family dynamics. Until then, unmarried partners must navigate these challenges carefully and seek legal help early.
Steps To Take If You’ve Lost An Unmarried Partner
First, consult an experienced attorney as soon as possible. They can review your situation and help determine if you have a valid claim. Don’t assume you have no rights without getting legal advice.
Second, speak with the deceased’s family. If they are open to sharing part of any settlement, that can offer a path forward. Cooperation may be your best option when the law falls short.
Finally, consider planning for your future legal needs. If you are in a long-term relationship, documents such as wills, powers of attorney, and domestic partnership agreements can help protect your rights in the event of a tragedy.
Conclusion
The law in Minnesota can be strict on unmarried partners in wrongful death claims. But understanding your rights is the first step toward finding a path forward. A Minneapolis wrongful death lawyer can offer guidance during this difficult time.