Podhurst Orseck attorney Stephen Rosenthal provides analysis for Law360.
Following a historic court ruling that legalized same-sex marriage in Florida, gay and lesbian couples gained equal protection under the state’s tort laws. Previously, same-sex partners lacked the legal standing to sue for damages from the wrongful death or severe injury of a partner, but are now recognized as spouses under the Florida Wrongful Death Act. This development, stemming from a ruling by U.S. District Judge Robert Hinkle, allows a surviving same-sex spouse to claim damages for lost support, loss of companionship, and mental suffering. These newfound legal protections also extend to loss of consortium claims and may apply retroactively to couples who were married out-of-state.
Read the full article: Law360
Originally published by Stephen Rosenthal | Feb 5, 2015 | Law360
