Do I have any legal rights if my boyfriend dies; and if not, who has the right to sue the diving company or private entity that caused his death?
The only situation where the girlfriend of a deceased diver is entitled pursue a legal claim for her personal damages and loss of financial support occurs when the couple was domiciled in a state which recognizes “common law marriages” prior to his death. In those states which do not recognize common law marriages, such as Louisiana, the girlfriend has no right to pursue a legal claim. If the couple had a child together the mother may present the child’s claim as the child’s legal representative. If the diver leaves no children all of the rights to pursue the diver’s claim or the family member’s claims go the “family” of the diver, starting with the parents.
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