As supporters of equality for members of the LBGT community, our firm welcomes the new legislation that will allow gay and lesbian couples to marry in New York State, beginning July 27, 2011. With New York’s recognition of gay marriage comes some legal questions and concerns about a number of tort rights and other benefits of marriage.
Being legally married in New York has always included legal and financial benefits for couples. Now these rights and protections have been expanded to include those in same-sex marriages. This includes a number of tort rights, such as the right to compensation over the loss of spousal services due to the fault of a third party. In other words, when a spouse wins a personal injury case, sometimes if the injury greatly impacts the marriage, than the spouse can sue for compensation as well.
Another impact of the new same-sex marriage law for gay couples who marry is the right to sue for damages if a spouse dies. Previously, a gay partner would have no rights to any damages in a case involving the death of their partner-who may have been a huge wage earner. Now the gay spouse may be entitled to all the loss of income, which can amount to a huge financial benefit in a very difficult time.
Goldstein and Bashner celebrates the new legislation that allows the rights and benefits that have long been enjoyed by heterosexual couples to now be enjoyed by same-sex married couples as well. We urge all same-sex couples thinking about marriage to learn more about the laws and rights that affect them.
To help with this, our firm welcomes anyone from the LGBT community with questions, concerns or in need of legal advice to contact us for a free consultation. We are supporters of this historic legislation, and we want to help and guide anyone who has any questions.
We look forward to protecting the rights of all married couples in New York. If you, your husband, or your wife, has sustained any injuries, please contact our lawyers for a free consultation. We will sit down with you and discuss your rights, answer all your questions, and help you get the compensation you may deserve.