QUESTION
Can I sue someone for giving me an STD?
Asked on Oct 17th, 2012 on Personal Injury - New York
More details to this question:
I was diagnosed with hvs2 about a week before my 18th birthday; I’m in my 30's now. And yes I cheated on him but the other guy wore a condom always, so I know I got it from him. Please help.
11 ANSWERS
It is a little late in my opinion.
Answered on Jun 26th, 2013 at 11:55 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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The statute of limitations has undoubtedly ran.
Answered on Oct 23rd, 2012 at 8:26 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You may have had a claim back when you were diagnosed, but the statute of limitations has long since run.
Answered on Oct 19th, 2012 at 5:23 PM
Too much time might have elapsed for you to sue under your applicable state's statute of limitation. However, you may want to consult with a lawyer who specifically handles sexually transmitted disease cases for legal advice and assistance.
Answered on Oct 18th, 2012 at 9:00 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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What a miserable life you must have now to even bring this up. No state in the country would allow you to waste court time with this decade old claim. Many jurors would say Justice was done for your own cheating, slutting about. Do you see that point of view? Just one juror who thinks you got justice could zero the case. Ask the Lord for forgiveness and move on.
Answered on Oct 18th, 2012 at 4:13 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The statute of limitations has obviously run if this occurred over a dozen years ago.
Answered on Oct 17th, 2012 at 3:26 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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First of all the statute of limitations for torts is 3 years secondly, how would you prove the case? you would need a medical dr and a lab expert most likely and the cost would be dear. Who would pay the attorney fees? Your big problem is the time has run.
Answered on Oct 17th, 2012 at 3:25 PM
Ronald A. Steinberg
Yes, if they knowingly had sex with you while infected. However, if you had unprotected sex while NOT in a monogamous relationship, then you are really playing with matches. HIV is no laughing matter; pregnancy is no laughing matter. There are strains of syphilis and gonorrhea which are immune to most antibiotics, and they will kill you. If you are going to get into a physical relationship, get tested. If you cannot guarantee that your partner is going to be monogamous, then a) don't get into the relationship, and b) have the man wear a condom. No compromise. It is your life at risk.
Answered on Oct 17th, 2012 at 3:25 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The statute of limitations has very likely run. You have three years from the date you knew or should have known he infected you with the STD to sue him.
Answered on Oct 17th, 2012 at 3:25 PM
2 Awards
You could have, but in most jurisdictions the statute of limitations has expired, thus barring suit. Still, it couldn't hurt you to talk to an attorney to be sure.
Answered on Oct 17th, 2012 at 2:38 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Way too late now. Statute of limitations in NY is 3 years.
Answered on Oct 17th, 2012 at 2:31 PM