Legal Question in Personal Injury in California
Can A fiance(live-in) sue in a third party injury suit?
My fiance was electrocuted on the job. He is 28. He has had a leg amputated and required many skin graphs.(They used his whole back and bottom). I know that a wife can make a claim for losses, but can a fiance? Also what is that type of suit called?
3 Answers from Attorneys
Re: Can A fiance(live-in) sue in a third party injury suit?
The short answer to your question is that you may have rights in the workers compensation system but not in a tort case. Your fiance no doubt is receiving workers comp benefits but in this case you both may need workers comp counsel. In addition, your fiance may have many attractive law suit options against companies other than your employer. I am sure you are now aware that generally an injured worker may not sue his or her employer outside of the workers comp system. However, depending upon the circumstances of injury, I would urge you both to seek counsel in the tort litigation area. Find someone who is very well qualified because these cases will require expertise. Moreover, find someone you both like. Give a call if you would like to talk more. Scott Righthand. Check the website at:www.lawyers.com/righthandlaw
Re: Can A fiance(live-in) sue in a third party injury suit?
The type of claim to which you are referring is commonly called "loss of consortium." The present state of the law in California (re-stated in an opinion just this August), is that no matter how close the relationship, only a married person may recover for loss of consortium. You may, of course, wish to consult with an attorney in your area who, because of the extreme nature of the injury, might wish to take on the case and challenge, yet again, the law.
Re: Can A fiance(live-in) sue in a third party injury suit?
Under California Law you have no "third party" rights. However, you do have rights due dependants under Workers' Compensation Law. I am assuming that your fiance and you share expenses. You, therefore, have rights.
Has your fiance investigated "third party" liability for his injury? That is, someone responsible for his injury other than his employer. Regardless of what he thinks happened, the matter should be reviewed by a "top notch" personal injury law firm. It would cost him nothing to have it looked into by us.
We have experience in on the job electrocution cases. In one of them the recovery was over $700,000 not counting the Workers' Comp benefits. Your fiance's case may be worth more than that.
My suggestion is to have this matter reviewed by a "top notch" personal injury law firm that has the experience, resources and guts to do the research and investigation needed and to fund the case ($25,000 to $100,000)in order to go after the responsible party and their insurance company.
The best personal injury law firms will provide free case review and consultation, advance all costs and charge no fee unless and until they recover for your fiance. Our firm will go even further and will waive all costs if the case is not successful.
There are very strict time limitations within which to file a claim. Some limitations are six months. Consult a specialist as soon as possible.
I am VERY interested in investigating the third party aspects of this case as well as the Workers' Comp claim. We do cases all over the State of California. With this type case, no distance is to far for us to travel.
John Bisnar, Senior Partner
Bisnar & Chase, LLP
Personal Injury Attorneys & Counselors at Law
www.serious-injury-law.com
800-956-0123