Can I sue my ex-boyfriend for medical damages and pain and suffering? - Accident Law Questions and Answers- LawQA.com

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Can I sue my ex-boyfriend for medical damages and pain and suffering?

My boyfriend intentionally did not provide insurance through his place of employment which would have covered me even though we were not married but had been cohabitation for two years. I told him that I had felt a small lump in my breast and needed medical attention. He continued to promise me that the insurance cards would arrive any day now. But I found out later that he refused to provide insurance for me because he was unwilling to sign the necessary Common Law Marriage certificate him company required. I was not working at the time and had recently relocated for his new position and did not have insurance of my own. Since that time the lump in my breast began to grow which I often told him about and became frustrated because I thought his company was taking too long with the cards. Eight months later I got a job and finally was able to obtain insurance and was diagnosed with Stage 3B breast cancer. This could have been avoided had he signed the certificate and the cancer could have been caught at an early stage. I am now going through intense chemotherapy treatment for an aggressive cancer and he has since left me and moved into his own place and told me he preferred to live alone. Can I sue him for medical damages and pain and suffering. Had my cancer been caught earlier had he provided me with insurance, my cancer would not be as advanced and I would not have to go through these painful treatments. I have lost days from work which as a new employee I did not have any sick time or qualified for Short term disability. I want to sue him for my medical bills, negligence in terms of my health (my life) and pain and suffering. Please advise.

Answer By Melvin Franke

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You need to hire an attorney immediately; you probably have a claim for fraud.

Answer Applies to: Missouri
Replied: 6/11/2012

Answer By John Russo

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Sorry to hear of your situation, but based on what you have written you have very few if any options. From a moral standpoint his actions are sickening but he was under no duty to supply you with health insurances. Many companies have implemented the provision that employees sign common law marriage documents before providing health insurance for a live in partner for a number of reasons one being that over the past 10 to 15 years there has been a large number of such request with the employee later just removing the non-employee from the health coverage with many of these situations ending up in court with the non-employee claiming that there was a common law marriage and dragging the employer into the proceedings. So now the employer to cover their interest requirer employees to state that they and their partner are a common law union which makes it much harder to drop the non-emplyee partner and also, in many cases the employee will have their retirement accounts frozen also, if they have one with that employer. The only option that you may have and it is a long shot, is; If you can prove that the time you guys were together you created a common law marriage. Now, here in Rhode Island the standard is CLEAR AND CONVINCING EVIDENCE, not how long you lived together I can't tell you how many times I have heard that you must be together for 7 years to prove a common law, I don't know were that came from but it is 100% false. The court will look at; Did you hold yourself out in public as married, did people believe you were married, did you own real estate together, did you have children in-common, did you file joint tax returns, did you have other types of insurance together, i.e. auto,life etc. did you joint credit together, things of this nature the more you can show the better the chance is of showing a common law union. Talk to a good well seasonend family law attorney like myself to see if you have enough to file for a divorce under common law, and if you do then you may have options against him. Remember clear and convincing, 1 or 2 of the above will not be enough, but the more you can string together the better your chance. Also, I don't know how long it has been since you two separated but I would not wait much longer to check it out, a good divorce lawyer will be able to tell you if they believe you have enough to show common law within 5 minutes of meeting you, and you should be able to get a free consultation.

Answer Applies to: Rhode Island
Replied: 6/9/2012


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Any one may bring an action against another in court. The plaintiff in a civil suite has the burden of proving their case by the preponderance of evidence.

Answer Applies to: Georgia
Replied: 6/8/2012

Answer By Gregory Crain

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In the absence of a duty, it's going to be hard to prove negligence.

Answer Applies to: Arkansas
Replied: 6/8/2012

Answer By Thomas Bulman
Bulman Law Associates PLLC Injury Law Firm
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I don't think you could successfully sue your ex-boyfriend. Even in Montana, you didn't have a common law marriage if he specifically denied it. You also would be apportioned fault for waiting eight or more months to get further treatment after you knew you had a lump.

Answer Applies to: Montana
Replied: 6/8/2012

Answer By Steve Lombardi
Lombardi Law Firm
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A suit for fraudulent misrepresentation may be viable, but you have to ask whether the judgement can be enforced. Meaning, does the former boyfriend have any assets to get? It's one thing to sue and win, and quite another to win and get paid.

Answer Applies to: Iowa
Replied: 6/8/2012

The Lucky Law Firm, PLC
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I am so sorry to hear about your situation. Yes, you can sue him; however, the question is whether you have a legitimate case. I am not aware of any legal liability your boyfriend had for not providing you with health insurance. In fact, he may not have even been able to add you to his policy. Morally he may have liability, but no legal liability. You may wish to call a few other attorneys to get other opinions.

Answer Applies to: Louisiana
Replied: 6/7/2012

Answer By James M. Osak
James M. Osak, P.C.
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YES you can sue ex-boyfriend. BUT . . . what do you think you'll COLLECT from this BUM? Where does he work? Does he own property? Does he have a bank account? His employer is likely NOT liable to you as they were NOT informed about you (by ex boyfriend). Talk to a local attorney to discuss the particular facts of this story. Good luck.

Answer Applies to: Michigan
Replied: 6/7/2012

Answer By Jared Altman
Law Office of Jared Altman
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In my opinion you don't have a claim but, keep looking for an attorney because we often disagree.

Answer Applies to: New York
Replied: 6/7/2012

Answer By Mike Yeksavich

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This question is a great illustration of why people should marry if they are going to live together. From what I glean from your brief statement a common law marriage cannot be established. Without a marriage he normally has no obligation for your healthcare and he clearly wanted no responsibility for it since he refused to sign the common law marriage statement which appraently would have allowed for insurance coverage.

Answer Applies to: Oklahoma
Replied: 6/7/2012

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