Rights of the Unmarried: Can Domestic Partners File for Wrongful Death in Maryland?
Losing a life partner is a tragedy that reshapes your entire world. The grief is compounded when you realize that the law may not see your relationship the same way you did. At Murphy, Falcon & Murphy, we understand that families come in many shapes and sizes. However, Maryland personal injury law draws strict lines regarding who has the “standing” to file a lawsuit after a fatal accident.
If you have lost a long-term partner but were not legally married, you may be wondering if you have the right to seek justice. Here is what you need to know about the current legal landscape. Schedule a consultation today.
The Hierarchy of “Primary Beneficiaries”
Maryland law prioritizes specific family members in wrongful death claims. The statute explicitly lists spouses, parents, and children as “primary beneficiaries.” If the deceased has any living relatives in these categories, they have the exclusive right to file a claim. Unfortunately, under current state statutes, a “domestic partner” or fiancé does not automatically fit into this primary tier, regardless of how long you lived together or if you raised children together.
The Requirement of Legal Marriage
The courts generally look for a valid marriage license. Unlike some other states, Maryland does not recognize “common law marriage” (a marriage created simply by living together for a certain period). Unless you were legally married in a jurisdiction that recognizes common law marriage before moving here, the court will likely view you as unmarried. This distinction is often the biggest hurdle a wrongful death lawyer in Maryland faces when trying to secure compensation for a surviving partner.
The “Secondary Beneficiary” Exception
If there are no surviving spouses, parents, or children, the law opens a narrow door for “secondary beneficiaries.” To qualify, you must be related to the deceased by blood or marriage and have been substantially dependent on them. Because domestic partners are generally not related by blood or marriage, this exception rarely applies to unmarried couples. This harsh reality makes it vital to speak with a wrongful death attorney to analyze your specific legal standing.
Alternative Avenues: The “Survival Action”
While you might be barred from a standard wrongful death claim, all hope is not necessarily lost. Maryland recognizes a separate claim called a “survival action.” This is a lawsuit brought by the estate of the deceased for the pain and suffering they endured before death. If your partner named you as a beneficiary in their Will, or if you are the Personal Representative of their estate, you may effectively recover damages through this channel.
Why You Need an Attorney Immediately
The intersection of estate planning and injury law is incredibly complex. If you are unmarried, insurance companies will almost certainly deny your claim immediately. You cannot navigate this alone. You need a legal team that knows how to investigate every angle, from potential common law recognition in other states to the nuances of the decedent’s estate.
CALL TODAY
If you have lost a partner due to someone else’s negligence, do not assume you have zero options until you have consulted with a professional. Contact Murphy, Falcon & Murphy today. Let an experienced wrongful death attorney review your case and help you determine the best path forward.