As a result of marriage equality rulings, married same-sex couples in Florida can now sue for damages under state laws that protect tort victims. Previously, same-sex couples were denied legal recognition and lacked standing to sue for wrongful death or loss of consortium. Authored by Stephen F. Rosenthal, the article explains that a surviving same-sex spouse is now entitled to recover damages for lost support, loss of companionship, and mental pain, even for incidents that occurred before the ruling as long as the claim is within the statute of limitations. The piece also notes that courts in different states have reached varied conclusions on retroactively conferring marital status for tort claims involving unmarried couples.
Read the full article: Daily Business ReviewCommentary by Stephen F. Rosenthal for the Daily Business Review (Law.com)
