Personal Injury Attorneys Serving the LGBTQ Community in Tampa | Brandon | Hillsborough

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For our lesbian, gay, bi and trans clients that have been injured in a car accident, finding a personal injury lawyer that will work hard for you without judgment is important and vital.  While having a strong trial attorney in your corner is necessary to get what you deserve, there are some great attorneys that are not friendly to the LGBTQ+ community or clients. This is unacceptable and you deserve representation from an attorney that treats you with respect, understanding and no judgment.

At the Law Firm of Martin J. Hernandez, PA, we are committed to quality representation for all clients regardless of their race, religion, gender, or sexual orientation. When you come to our law firm, you will not be judged or discriminated. We know the struggle for the LGBTQ+ community is real, but having to find a non-judgmental, aggressive attorney that will fight for you should not part of the struggle.

We invest a lot of time walking our clients through the process. Obtaining insurance coverages of the person responsible, witnesses, security footage, monitoring medical progress, answering questions about property damage, drafting letters to the insurance carrier, and if necessary, filing suit and going to trial. We believe everyone deserves a lawyer and staff who treat clients with respect during this process — and that is sadly not always the case. That’s why we are committed to respecting, learning from, and listening to our LGBTQ+ clients.

Florida LGBT-Friendly Injury Lawyers

Florida personal injury cases, which are a type of tort claim, stem from bodily injury or emotional harm suffered because of an incident or incidents for which another person is liable. Liability refers to the legal responsibility another person or business owes to compensate those harmed. Ideally, justice is blind. However, lesbian, gay, bisexual, and transgender (LGBT) in Florida face unique hurdles to obtaining justice.

While certain pockets of Florida, such as Miami-Dade, Ft. Lauderdale, Key West on the east coast and St. Petersburg, Ybor City and Tampa on the west coast are considered very LGBT-friendly, prejudice can still be problematic throughout the state. In the context of injury law, prejudicial attitudes can impact everything from the way incident reports are written to the quality of medical care they receive to how much juries are willing to compensate plaintiffs, their spouses, and families.

Florida LGBT Loss of Consortium Claims

Can I file a Loss of Consortium Claim for my LGTQ+ Partner in a Car Accident?

Loss of consortium is a type of claim for damages paid for the loss of companionship, company, cooperation, and conjugal relations of a spouse. These are direct injuries sustained by the spouse of the injured person, which must be pleaded separately, even though it is a derivative claim. Historically, for LGBTQ victims have faced an uphill battle with loss of consortium claims.

Prior to the U.S. Supreme Court’s decision in Obergefell, same-sex partners were not entitled to bring loss of consortium claims, even if the relationship was exclusive, committed, and intimate. The fact that those involved were barred by law from marrying did not warrant the creation of an exception to the rule requiring a legal marriage.

Who Can Claim Loss of Consortium in Florida?

Only a legally married spouse can file a loss of consortium claim. Boyfriends and girlfriends are not entitled to loss of consortium damages under the law, regardless of how many years they have lived together, kids they have together, or call themselves married.  Individuals must be legally married to prevail because it is this legal relationship between the claimant and the injured party that gives rise to a loss of consortium claim.

Can I File a Loss of Consortium Claim After We Get Married and my Spouse was hurt before?

No, a person typically cannot “marry into” a cause of action. You must have been married at the time of the injury to win your case. This is the case with wrongful death claims too. 

Tampa Personal Injury Attorney | Auto Accident Injury Lawyer

As a family-owned law firm based in Tampa, we understand the importance of save driving and protection. To find out more about how we can help, contact us today.

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Practice Areas:

• Personal Injury
• Automobile Negligence
• Wrongful Death
• “Ride Share” Uber/Lyft Accidents
• Pedestrian Accidents
• Bicycle Accidents
• Motorcycle Accidents
• Tractor Trailer Accidents
• Drunk Driving Accidents

Tampa Auto Accident Injury Lawyer | Martin J Hernandez, Esq.

If you have been injured in any kind of accident, your personal injury lawyer with the law firm of Martin J. Hernandez will guide you every step of the way. Call or Text us now at 813-535-4609

Martin J. Hernandez Firm’s lawyers handle personal injury cases throughout the entire Tampa, Temple Terrace, South Tampa & West Tampa area. Areas we service include Carrollwood, Northdale, Town ‘n’ Country, Brandon, Plant City, Seffner, Dover, Valrico, Riverview, West Tampa, West Chase, Hyde Park, Culbreath, West Shore, Palma Ceia, Gulfview, 33635, 33615, 33634, 33626, 33625, 33508, 33509, 33510, 33511,33568, 33569, 33578, 33579 & all of Hillsborough County and the state of Florida.