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

Asked about 1 year ago - 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)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . 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... more
  2. Tanya Marie Bachand

    Contributor Level 15

    8

    Lawyers agree

    Answered . 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.
  3. Merry Melinda Fountain

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . 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... more
  4. Ajay Mohan Kwatra

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . 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.

  5. Steven Mark Sweat

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . 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... more
  6. David Ian Schoen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.

  7. Lars A. Lundeen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.
  8. Michael Shemtoub

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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... more
  9. Edward Charles Casey Jr

    Contributor Level 3

    3

    Lawyers agree

    Answered . 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.

  10. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

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

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