Has one of your sexual partners given you an STD If so, you may be wondering, can you sue someone for giving you an STD or HIV? The simple answer is yes. Discovering that you have contracted a sexually transmitted infection from someone you trusted can be upsetting and even devastating. And if you find that out the person who gave it to you knew that they had an STD, that is even more upsetting.
We see this happen all the time in the media, and in ‘real life’ too. Lawsuits against such actions happen more commonly than we think. So when can or can’t you sue? Let’s take a closer look.
Before we jump into details, let’s first get a few things straight:
• Can You Sue Someone for Giving You an STD or HIV? Yes, if they knowingly didn’t tell you about their infection.
• You don’t actually have to transmit the STD to face charges. Simply engaging in sexual activity while knowing you are have an infection is enough to charge you.
• You CAN be sued – even if sex was consensual.
• You CAN be sued – even if you used protection.
• The transmission of HIV is considered a serious offence and can even result in prison sentencing.
• Institutions can also be sued for transmitting STD’s.
Note: these laws may vary slightly from state to state.
Simply put, recklessly transmitting an STD is both civilly and criminally ILLEGAL. If you have transmitted or acquired HIV, this is an even more serious offence. This brings us to the type types of actions you can take if you have acquired an STD: Civil lawsuits and Criminal charges.
Can you sue someone for giving you an STD or HIV? Yes, you can. Not only is finding out you have an STD emotionally damaging, but it can also wrack up the medical bills. This is especially true of incurable STD’s that require a lifetime of treatment (ie. HIV, herpes, etc). With that said, even curable STD’s can require multiple treatments to cure. And the bills can be expensive.
So what can you sue for? There are actually numerous things. Most obviously, you can sue for monetary losses. These can include things like any necessary treatments, therapies, or loss of time at work. You can also sue for other things like emotional distress and damages caused as a consequence of the STD.
Can you sue someone for giving you an STD or HIV? Yes, and if you want to take things one step further you can also file criminal charges. Not disclosing that you have an STD to a sexual partner is a crime! Legal consequences vary by state, but in some cases can result in up to 8 years of jail time.
What are some other things you can sue for?
• Negligence. – Regardless of which state you live, you may be able to sue for negligence if you have contracted an STD. Of course, in order to do this you must prove that you parter was aware of the STD. In addition, you must be able to prove that any reasonable person would have abstained from sex if they had known about the infection.
• Sexual Battery – When you engage in sexual activity with a partner, you are usually doing so with given consent. But as soon as your partner fails to tell you that they have an STD, that consent is no longer viable. In return, you may be able to charge for sexual battery.
In terms of what you can actually claim for, well, it’s the same as any other personal injury. Physical damage, pain and suffering, lost wages, emotional damage, loss of enjoyment of life and hospital bills are a few examples. Each of these factors adds up to your total settlement if you decide to sue.
Can You Sue Someone for Giving You an STD or HIV? Yes, but there are some complicating factors that may arise. Firstly, it is often difficult to prove exactly how and when the infection occurred. In order to win your case, you need to provide sufficient evidence to convince a jury that the STD was, without doubt, contracted from the defendant. In addition, you must also be able to prove that the defendant knew that they were putting you at risk. In other words, you need to be able to prove that the defendant knew about the STD. You must also prove that they blatantly lied, disregarded the danger, and acted recklessly. You will also need to prove that you were, in fact, not made aware of the condition.
For the reasons discussed above, winning an STD claim or lawsuit can prove to be difficult. But if you have contracted an STD from a partner, you shouldn’t just walk away. With the help of a good STD or personal injury lawyer, you may be able to file a lawsuit and receive compensation for your injuries.
Get In Touch With 719-PAIN!
What can a personal Injury lawyer do for you? First and foremost they can help you to determine whether or not you have a case. As mentioned above, a great deal of evidence is required to win a claim such as this. Your personal injury lawyer will be able to help you gather and document evidence for use in your case. If the lawyer thinks that you can win, they can help you move forward in your legal actions. Personal Injury lawyers can help you through the legal system every step of the way so that you can get the help and compensation you deserve.
Who can you call? 719 Pain! At 719 Pain we can connect you with a Personal Injury Lawyer that help you create a case that will win!