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My boyfriend was recently killed in a motorcycle accident. A very well insured lady(umbrella coverage) caused accident by makin

Folsom, CA |

an illegal u turn on the highway directly in his path. He has been living with me for five years. He did not work outside the home. He did lots of labor on our farm. Can I file a wrongful death lawsuit

Attorney Answers 10

Posted

A duly appointed administrator of his estate can bring a suit. That usually is a relative, I'm afraid. Consult with a personal injury attorney in your area, who can take you through the probate steps to set up an estate, if there isn't one already.

This is general advice and does not establish an attorney-client relationship.

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Posted

I am so sorry to hear of your tragic loss. Consult with a personal injury attorney in California. Many are listed on this site under Find a Lawyer, and most initial consultations are free. In Indiana where I practice, however, you would not be able to recover.

Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.

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Posted

Unfortunately, unless you were married or a putative spouse, you do not have a wrongful death claim. However, your children (whether or not you were married) could file a wrongful death claim. Still, I suggest you consult a local attorney regarding your rights. Good luck.

For more information see my blog post "Good Faith Belief in Marriage Qualifies Putative Spouse Under Wrongful Death Statute" here: https://mrdaymude.com/category/wrongful-death/

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice or counsel. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

You can if you get a relative to do it for you, but you wouldn't get any money unless they wanted to share the recovery with you.

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Posted

I am sorry for your loss. Unfortunately if you were not married, you are not considered an heir for the purposes fo suing for wrongful death. A family member must bring the suit.

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Posted

Typically a family member can bring the suit. Did you have any children together?

Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

The California Probate Code give a list of "heirs" that can bring a suit for wrongful death. Only those persons who would succeed to his property if there was no will are considered "heirs." The list does not include significant others who are not spouses, unless you are considered a putative (married in fact) spouse of your boyfriend. Would need more facts regarding your relationship to advise on that issue. So sorry for your loss. Consult a good lawyer.

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Posted

Unfortunately, probably not but, his parents, children and/or siblings may.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.

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Posted

Only beneficiaries as defined in the State wrongful death statute are entitled to recover for a wrongful death. You should contact a local personal injury attorney in the State where this occurred and find out if you are entitled to bring a claim.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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Posted

The wrongful death statute in your state specifies who may sue.

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