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Can You Take Someone To Court For Giving You Herpes

Can I Sue Someone For Giving Me Herpes

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Posted on July 8, 2021

You can sue someone for giving you herpes. The legal mechanism for this would be to bring a personal injury lawsuit. If the transmission came from nonconsensual sex, it can be a civil battery. It can be a negligence claim if the infected person lied about having an STD or should have known about the infection but did not use due care to avoid transmitting it.

All of these lawsuits would seek financial compensation. The compensation would be to cover the losses associated with the victims disease such as medical bills, lost wages and pain and suffering. A lawsuit can also hold the person who infected you accountable for his or her actions.

Can You Sue Someone For Giving You Herpes Or Other Stds

Sex always comes with the risk of contracting diseases, even in monogamous relationships. The CDC reports that herpes is a commonly transmitted disease that can pass between people even when they use a condom and when there are no visible breakouts. This is why voluntary disclosure or an honest response to a direct question regarding STD status is so important. Unfortunately, many people are embarrassed by their STD status. There are also many malicious parties who deliberately pass the disease on to others. If you contracted herpes, or another STI from someone, learn about your options if you want to sue them for giving it to you.

What Is An Std

As the name implies, a sexually transmitted disease is one passed on exclusively or primarily through sexual relations. Many people believe STD is synonymous with sexually transmitted infections, but this is not the case. While all STIs can lead to STDs, not all STDs begin with infections. Even so, you will often come across the term STI used in place of STD. Doctors and public health officials hope a relatively new term will carry fewer negative connotations, compared to venereal disease and STDs.

Despite the advances in medicine, some STIs are incurable, and herpes is one such example. Subsequently, infected persons will need to make lifestyle changes and take on medical expenses to tackle the disease for the rest of their lives. Next to HIV/AIDS, herpes is one of the most common STIs that lead to personal injury claims. Therefore, it is not uncommon to wonder if you can sue someone for giving you herpes.

Also Check: How To Check For Genital Herpes At Home

Can I Sue A Guy I Dated For Giving Me Herpes

  • Posted on Jan 20, 2014

Whether you have a viable claim is dependent upon whether he negligently or intentionally gave you herpes. If he knew he had herpes and he slept with you, you may also have a battery claim as well. If you do have a claim, you would be entitled to compensation for all current and future medical bills, as well as compensation for your pain and suffering. In Maryland, there are strict statute of limitations for these claims, so you should contact a local attorney as soon as possible to discuss your options. Best of luck.

The following information is for general-information purposes only and should not be construed as establishing an attorney-client relationship.

What Can I Do If I Suspect Someone Gave Me Herpes

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If you suspect someone for knowingly giving you herpes or that it happened because of their gross negligence, you might be eligible to sue them for personal injury damages. The exact provisions and how serious the penalties depend on the state. It is important to act swiftly before the person infects someone else or that parties you may have unknowingly infected can seek treatment.

Also Check: What To Do For Oral Herpes

Schedule A Free Consultation With A Herpe Transmission Injury Attorney

We will use our resources to build your case. Next, if necessary, we will litigate aggressively on your behalf. So why not contact the Ehline Law Firm in San Francisco, Santa Monica, Torrance, San Diego, Los Angeles, or other locations? Discuss your case with one of our experienced Los Angeles, California, herpes tort attorneys. Try calling locally at 596-9642.

Minimizing The Risk Of A Lawsuit Against You

Following these simple rules will lessen the chance that youâll be sued because of an STD:

âThe number of lawsuits arising from â¦.herpes transmission is on the riseâ

  • Take the common, readily available steps to find out if you have any STDs. Get tested regularly. Itâs a good idea to follow CDC recommendations, which are the standard of care for US physicians, with respect to STD testing
  • Be truthful. Tell your sexual partner about your sexual health

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The Consequences Of Failing To Inform Your Partner

The consequences of failing to inform your partner can be twofold:

  • Civil Lawsuit: Suing someone for giving you HPV or other STDs typically falls under a civil lawsuit. While penalties vary depending on state laws, non-criminal suits can generally be levied against an individual for not informing their partner of having an STD. Civil lawsuits aim to seek compensation due to damages from contracting the STD.
  • Criminal Charges: Depending on the state, criminal charges can result from failing to inform your partner of serious sexual diseases, like HIV or AIDS. California, for example, considers failing to inform your partner about your HIV status a felony.
  • Its Illegal To Knowingly Try To Harm Another Person

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    When adults engage in consensual sex, its rarely the governments concern. However, things can get complicated when one of those consenting adults fails to tell the other that they have a disease that could be transmitted when they have sex. In Ohio, this could be considered a crime under the states assault laws.

    Assault, as defined under Ohio Rev. Code Section 2903.13, occurs when a person knowingly causes or attempts to cause physical harm to another.

    Could this apply to the act of having unprotected sex when you have herpes or another STD? Yes. However, you would have to:

    • Know that you have a sexually-transmitted disease, and
    • Engage in sex without warning or telling your partner.

    Does knowingly mean that you intentionally tried to give someone else herpes? Not necessarily. Knowingly means that you knew that you could transmit the disease and cause harm, but had sex without disclosing that risk, anyway.

    Does it matter whether or not your partner contracts an STD after you have sex? No. Assault involves causing physical harm or attempting to cause physical harm. The act of having unprotected sex and failing to disclose the possibility of transmitting an STD could be enough to be considered an attempt to cause physical harm.

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    Can I Sue My Boyfriend For Giving Me A Std

    Can I Sue a boyfriend for giving me Herpes. Generally, most STDs are transmitted between partners as result suing a boyfriend or girlfriend is possible under the law. Before a person initates a lawsuit they should be sure that their boyfriend in question is responsible for the transmission of the disease because he can sue for defamation of character.

    Can You Sue Someone For Giving You Herpes

    The answer is yes. Although laws related to this case vary from one state to another, most states in the US have laws regarding the transmission of STDs, disclosure of health status, as well as the way confidential medical information is being handled.

    If for instance, you know that you have herpes or any type of STD, then you have a legal obligation to inform your sex partner about your case before engaging in a sexual intercourse. If you were not able to disclose such information, and your partner was able to contract the disease, then you can be held civilly liable or responsible for that.

    Take the California STD Law as an example. The overview of this law has stated that if a person is aware of infecting the partner with herpes or has the knowledge of having such STD and has failed to disclose it to his or her partner can be civilly liable for damages. Thus, suing for knowingly spreading herpes is highly possible.

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    The Dangers Of Genital Herpes

    Genital herpes may cause painful ulcers that can be severe and persistent in patients. Both HSV-1 and HSV-2 can also cause rare but serious complications such as aseptic meningitis . Development of extragenital lesions may occur during the course of infection.

    Many people who contract HSV-2 have concerns about how it will impact their overall health, sex life, and relationships. There is significant mental trauma that comes with a diagnosis of Herpes. Considerable embarrassment, shame, and stigma associated with a herpes diagnosis often times severely interferes with a patients psyche.

    Pregnant women face additional dangers from genital herpes, as HSV-2 can be passed on to their baby during childbirth.

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    By Erin Danly

    Getting or transmitting a sexually transmitted disease is not only a health matter it could be a legal matter, too. Though laws vary greatly from state to state, most states have laws regarding the disclosure of health status, the transmission of STDs, and the handling of confidential medical information. Read on to find out more.

  • You may face criminal charges for passing an STD to someone else.

  • Compared to a civil case, a successful criminal case requires more substantial evidence. In many states, punishments include jail time and high fines.

  • You may face civil charges for passing an STD to someone else.

  • Related: Can you get sued for an STD?

  • Even if you used protection, you can be sued.

  • Read Also: Can You Sue Someone For Herpes

    Dangers/issues With Filing A Lawsuit By Yourself

    The downside of suing someone for giving you herpes by yourself is that it is easy to make mistakes. As mentioned above, there are many legal steps to filing a lawsuit, and each step needs to be done in proper order.

    Additionally, each step requires paperwork that needs to be filed promptly. If you fill out the wrong forms or make an error, you will not be refunded for filing fees. You will also need to do the work again, including paying more fees. This can not only cost a lot of money, but it can make it seem like you do not have much of a case.

    If the person you are accusing has professional help, they might be able to throw the case out entirely rather than wait for you to fix any errors.

    Hiv And Other Sexually Transmitted Diseases

    Criminal transmission of an STD crimes commonly encompass different types of diseases. Though state laws differ, they typically include both HIV as well as other communicable or contagious sexually transmitted diseases. Some state laws list the individual diseases covered by name, while others use more general language that includes any type of communicable or sexually transmitted disease. Also, some states limit these crimes to the transmission of HIV, while others include HIV as one of the diseases covered by the law yet others provide for additional penalties if the transmitted disease is HIV.

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    Whats The Punishment For Giving Someone Else Herpes

    Assault, without any aggravating factors, is typically a first-degree misdemeanor in Ohio. If convicted, you could potentially face up to six months in jail and be required to pay up to $1,000 in fines.

    You could also face civil consequences and be named in a personal injury lawsuit for giving someone herpes.

    Can My Partner Be Found Guilty Of Negligence

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    For wrongful infection of an STD based on negligence, it must be shown that the defendant failed to act as a âreasonable personâ would have under the same or similar circumstances.Examples of this could include failing to inform a sexual partner about having genital herpes before engaging in sexual intercourse when the defendant knew or should have known they had an STD.

    Not disclosing an STD can be considered tantamount to unconsented sex.

    Negligence does not require malice or ill intent. A person can still be negligent even though they used protection like a condom. They can still be liable for damages if they infect you with an STD that they failed to disclose to you.

    If you have evidence linking your sexual partner to your STD, you may be able to file a civil lawsuit against them in order to seek compensation for medical costs and pain and suffering.Accordingly, if you have been injured by someone who knowingly or negligently transmitted an STD to you, you may be able to file a lawsuit against them.

    Many negligent infection cases fall within the tort of battery by the defendant against the plaintiff. This is because negligent transmission is an actionable tort claim based on contact between two affectionate parties.

    Itâs important to remember that you have a responsibility to both yourself and your partner to inform them of any potential risks before engaging in any sexual activity.

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    It Is Illegal To Have Sexual Relations In New York Without First Disclosing That You Have An Std

    Under New York law, ny person who, knowing himself or herself to be infected with an infectious venereal disease, has sexual intercourse with another shall be guilty of a misdemeanor.

    The wording of the law is somewhat confusing. It often applies to cases where a person with an STD has sex with someone else without telling them about their illness. For example, the law might not apply to a couple that both have HIV and engage in consensual sexual relations.

    Cases in which someone knowingly infects another with an STD are unique in New York. They may qualify as both criminal cases and tort cases.

    How To Sue Someone For Giving You Herpes With Donotpay

    On the other hand, suing someone who gave you herpes using DoNotPay is easy, and it could save you a lot of money.

    Instead of dealing with a real lawyer that wants to charge you a ton of money to file paperwork, you can use our artificial intelligence software to file it for you. Plus, our robot lawyer is easy to use. Follow the steps below to get started with your personal injury case.

  • Log-in to DoNotPay and select the Sue Now product.
  • Enter the dollar amount you are owed for pain and suffering/medical bills.
  • Select whether you want a demand letter or court filing forms.
  • Describe the reason for the lawsuit and submit any applicable details, including proof.
  • That’s all there is to it! DoNotPay will then generate a demand letter or court filing forms just for you. We’ll even mail a copy of your demand letter to the person you are suing if you want us to.

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    Do I Need To Work With An Experienced Local Lawyer

    If you decide to pursue criminal charges against the person who infected you, an attorney is crucial. You will most likely need to testify in court. Your attorney can prepare you for the tactics the defendant might use to try to prove his or her supposed innocence.

    If you successfully gain a criminal conviction, it might become even easier for you to pursue civil damages. Because of this, some attorneys might encourage you to wait if the states statute of limitations provides enough time.

    Even if you choose only to file a civil suit, note that these cases are incredibly difficult to prove. This is due to HIPAA restrictions and other privacy issues. Only an attorney can advise you on how best to safely navigate these obstacles.

    Finding an attorney with the necessary skills can be difficult, especially if you pursue both criminal and civil cases. We can help match you to the right one in your local area. Submit a request online or call us today at 866-345-6784 to get in touch with an attorney in your area!

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    Herpes Tort Attorney In California

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    Contracting herpes can be emotionally stressful. Also, it can be physically discomforting at times during the individuals lifetime. Furthermore, they can have re-occurrences of physical pain continuously. But the emotional issues can persist for a lifetime. Still worse, this can be embarrassing and humiliating. Explaining it to future potential sexual partners is not easy. Simply put, it is something a single victim often struggles with.

    Because of this, you may have to limit your ability in sex partners. So even your choice of spouse or friends with benefits becomes limited. Although you can take medications to put the condition into remission, it will never disappear. Hence, it is not a curable condition. Of particular concern, even during periods of remission, there may be symptoms.

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    Do You Legally Have To Tell Someone You Have Herpes

    Brian White | November 5, 2020 | Texas Laws

    Sexually transmitted diseases exist. And, they can be easily transferred from one person to another. This often happens accidentally. But what happens if a partner knows that he or she is infected and has sex with another person without telling that person about the infection?

    If this happens in Texas, that person could go to jail and face a civil lawsuit. Contracting an STD causes emotional turmoil and physical injury. Some STDs are curable, some are not.

    Herpes is not deadly, but it is incurable. Herpes can also make it easier for a person to contract HIV/Aids through open sores. The results can be devastating for a person contracting the disease.

    Because the consequences can be high, it is important to understand the duty to warn a partner and what to do if you are a victim. There are medical and legal consequences for both.

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