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

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

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

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.

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.

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.

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.

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.

In my opinion you don't have a claim but, keep looking for an attorney because we often disagree.

You can sue your boyfriend for failing to procure insurance. However, usually in these cases the party which you are suing has an affirmative duty to procure the insurance and they fail to do so. For example: if you paid your agent and then he or she fails to follow through and then you get injured you could sue the agent and you would probably win. Here, while your boyfriend told you that he did in fact procure the insurance when he did not, he was under no obligation to do so. You may still have a claim, but it would be more difficult to prove. Additionally, you would have to show that if you had insurance earlier you would have gone to the doctor and it would have made a difference in your prognosis. Doctors usually get pretty squirrelly about making that kind of prediction. Finally, you need to decide whether it is worth your time, effort and money to pursue such a claim. In order to do that you need to know whether your ex has the money to pay a judgment if he is found liable. If he doesn't have any money then a lawsuit is not worth it.

Unfortunately, Missouri does not recognize Common Law Marriage. Therefore, absent a marriage, your ex never had a legal obligation to provide health insurance for you, and there is no basis for a claim against him for your lack of health insurance or medical treatment.

One possible initial hurdle to such a suit is whether he has any assets from which you could collect a judgment. It is almost impossible to collect event a small judgment from an individual unless the individual owns real estate, a business, or has investments that the court can seize and sell to pay the judgment. Real estate usually must be something other than a personal residence as you can own up to $50,000 iin a residence that is exempt from execution on a judgment, and a certain amount of personal property is also exempt (cars, furniture, etc.) Plus, personal property is difficult to seize for execution on a judgment because he can get rid of it so easily. If he has no significant assets, there is no need to look into overcoming the other hurdles discussed below. One hurdle is he has no legal duty to insure you. You can't sue somebody for failing to do something they aren't required to do. You might argue promissory estopple, a doctrine that allows you to sue for breaking a promise if you relied on a promise to your detriment. In your case, you would argue that you would have found some way to get the medical treatment you needed had he not promised to put you on his insurance, but in reliance on his promise, you waited. One other possible hurdle would exist if you did not actually have a common law marriage. If that were the case, it would probably be illegal for him to put you on his insurance. A common law marriage exists where you live together and it is your intent to be married. Your intent to live as a married couple is established by evidence that you held yourselves out to the public as being married, meaning to others, you referred to him has your husband and he referred to you as his wife an/or you signed documents as husband and wife such as tax returns etc. If you did have a common law marriage, you might want to seek a divorce in Family Court and seek reimbursement for a portion of your medical expense (marital debt), and perhaps alimony.

You have outlined a very difficult case. Your probability recovery from you boyfriend is quite low given the situation as you described it. You should call my offices, or speak with an attorney with all of the details quickly. It is possible that there are facts which could radically change my preliminary opinion regarding this matter and no firm opinion is possible without knowledge of all of the facts.

This is only one of the problems which arise when folks live together without benefit of clergy. I don't know of any basis you have to sue anyone.

I'm sorry for your health issues, but to answer your question, No, you can't sue him. He owed you no duty to provide health insurance and therefore can't breach a non-duty.

This is a complex issue and you really should meet with one or more attorneys to ascertain your rights and what claims you may have. You might have a claim for fraud and deceit and perhaps negligence.