A few years ago, I had the opportunity to witness firsthand the importance of relationships that were recognized by law and ones that weren’t. I was representing a client who was seriously injured when he was in a collision caused by a semi truck. His ability to work was dramatically impacted by his shoulder injury. Even so, at least he was alive and could still enjoy time with his family, because he wasn’t the only one injured in this tragic collision.
When the semi truck rear-ended a small pickup as they were driving down a two-lane highway in Burbank, Washington, it pushed the pickup into oncoming traffic and caused a head-on collision with my client’s van. The pickup truck then veered off the road and landed upside down in a small ditch. The driver of the pickup suffered minor injuries, but her fiancé was a passenger and was pronounced dead at the scene.
It wasn’t until late into my representation of my client that I learned that the passenger of the pickup truck was engaged to be married. He was in his early 30’s and had no children. At that time, the parents of adult children had no right to pursue a wrongful death claim on their behalf. This meant that his family had no claim for his loss. The wrongful death statute was finally amended in 2019 to correct this injustice. Well, at least a parent’s claim is now honored. The fiancée had no rights and still has no rights.
You might not think this is a big deal. Why should a fiancée have rights? Maybe she shouldn’t, but I know a lot of people who are living together, and have for years, who also have no rights in the event that their loved one is fatally injured due to the negligence of another. In other words, a marriage certificate is more than just a piece of paper. It is a legal document that grants you legal rights, many of which are substantial.
If you find yourself in a similar situation, there may still be a legal remedy. Each case is different, and you should consult with an experienced attorney. Contact Anderson Law at the link above, we’re here to help.