Statute Authorizes Recovery In California – Wrongful Death For Unmarried Homosexuals
Many people do not know that statute authorizes recovery in California Wrongful Death for unmarried homosexuals under certain conditions. Section 377.60 of the Cal. Code of Civil Procedure was amended on October 14, 2001 to add “domestic partner” to the class of persons with standing to sue for wrongful death; this amendment did not become effective until January 1, 2003.
These rights and benefits include recognizing the right to bring tort actions for wrongful death and for negligent infliction of emotional distress as well as the right to employee benefits such as family health care, group insurance and unemployment benefits. (See Rivera, Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States (1979) 30 Hastings L.J. 799, 874.)
And recovery for negligent infliction of emotional distress is not limited to couples that are married. (Ledger v. Tippitt, 164 Cal.App.3d 625.) When marriage is not a requirement for recovery, there is no reason to distinguish between heterosexual relationships and homosexual relationships in determining whether the relationship is significant and stable. (Note, Marital Status Qualifications: Protecting Homosexual and Heterosex 1284 Cohabitors (1986) 14 Hastings Const.L.Q. 111, 137-139; see Butcher v. Superior Court (1983) 139 Cal.App.3d 58, 70[setting forth certain elements indicative of a stable and significant relationship].)
What this means is that in California, no matter what your moral beliefs, homosexuals who take care of each other, are apparently allowed the same rights to get paid under tort law if they are domestic partners pursuant to statute. It appears the California legislature believes a domestic partner who has the same love for a person of the same sex should be able to recover money damages when that person suffers a wrongful death.
And although many people do not know that statute authorizes recovery in California Wrongful Death for unmarried homosexuals under certain conditions. This seems to be cottage industry in the personal injury professions in big cities like Los Angeles, San Francisco, and smaller cities such as Hillcrest, and Laguna Beach with their large populations of homosexuals , transvestites and proportionally huge cases of AIDS, or acquired immune deficiency.
If you or someone you know is in a same sex domestic partnership, and they were involved in a tort, they may be leaving money on the table if one of them is injured due to the negligence or recklessness of a tortfeasor. The first step is to contact wrongful death lawyers, or a tort attorney depending upon your unique situation. Getting financial recovery for a homosexual wrongful death domestic partnership can go a long way to helping the lover who was left in the behind.
By: Michael Ehline
About the Author:
GHTime Code(s): 271e2
These rights and benefits include recognizing the right to bring tort actions for wrongful death and for negligent infliction of emotional distress as well as the right to employee benefits such as family health care, group insurance and unemployment benefits. (See Rivera, Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States (1979) 30 Hastings L.J. 799, 874.)
And recovery for negligent infliction of emotional distress is not limited to couples that are married. (Ledger v. Tippitt, 164 Cal.App.3d 625.) When marriage is not a requirement for recovery, there is no reason to distinguish between heterosexual relationships and homosexual relationships in determining whether the relationship is significant and stable. (Note, Marital Status Qualifications: Protecting Homosexual and Heterosex 1284 Cohabitors (1986) 14 Hastings Const.L.Q. 111, 137-139; see Butcher v. Superior Court (1983) 139 Cal.App.3d 58, 70[setting forth certain elements indicative of a stable and significant relationship].)
What this means is that in California, no matter what your moral beliefs, homosexuals who take care of each other, are apparently allowed the same rights to get paid under tort law if they are domestic partners pursuant to statute. It appears the California legislature believes a domestic partner who has the same love for a person of the same sex should be able to recover money damages when that person suffers a wrongful death.
And although many people do not know that statute authorizes recovery in California Wrongful Death for unmarried homosexuals under certain conditions. This seems to be cottage industry in the personal injury professions in big cities like Los Angeles, San Francisco, and smaller cities such as Hillcrest, and Laguna Beach with their large populations of homosexuals , transvestites and proportionally huge cases of AIDS, or acquired immune deficiency.
If you or someone you know is in a same sex domestic partnership, and they were involved in a tort, they may be leaving money on the table if one of them is injured due to the negligence or recklessness of a tortfeasor. The first step is to contact wrongful death lawyers, or a tort attorney depending upon your unique situation. Getting financial recovery for a homosexual wrongful death domestic partnership can go a long way to helping the lover who was left in the behind.
By: Michael Ehline
About the Author:
To learn more about tort claims and legal rights of California injury victims, contact aggressive Los Angeles personal injury attorneys who are recognized as experienced Los Angeles wrongful death injury attorneys. We are located in Orange County, LA, Marina del Rey and Century City to help all article readers interested in protecting legal rights in California. Learning justice can be fun and highly rewarding. Learn justice with our accident lawyers.
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