QUESTION
Can I sue someone who transmitted a disease to me?
Asked on Oct 25th, 2011 on Personal Injury - Oregon
More details to this question:
If your partner for over 10 years transmitted HSV-2 to you knowingly, what legal right do you have against him?
14 ANSWERS
Assault Attorney serving Richardson, TX
2 Awards
It may constitute an assault. Are a lawyer to discuss the practical aspects of the suit.
Answered on Jul 03rd, 2013 at 3:09 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes, you can sue.
Answered on Jun 07th, 2013 at 12:03 AM
Yes you can sue them; so long as you can prove your slept only with that person. These cases usually turn on who the jury believes - you or her? Which.
Answered on Oct 31st, 2011 at 1:27 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You may have a civil lawsuit against him for intentionally giving your a disease. You will have to prove what your actual damages are once you go to court this will include pain and suffering, plus past and future medical expenses.
Answered on Oct 26th, 2011 at 12:04 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You can sue if you found out within three years.
Answered on Oct 25th, 2011 at 7:04 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If they knowingly had the disease and did not warn you and had unprotected sex and you caught it that way, you have a claim against that person.
Answered on Oct 25th, 2011 at 4:18 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Generally, the answer is yes, if he knew or should have known of the condition and he concealed it from you. The 10 years, though, could be a problem because it might be said that there must have come a time when you knew or should have known about it and continued the relationship. Also, there might be a question about when it was that you became infected. The statute of limitations for negligence is 3 years, the limit for fraud is 6.
Answered on Oct 25th, 2011 at 4:15 PM
If you have sufficent grounds with medical documented proof, you can sue for relief. First, you should consult with a plaintiff's personal injury attorney for specific legal advice and direction.
Answered on Oct 25th, 2011 at 4:10 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You need to see the police to have the person transmitting the disease arrested as what you describe is a crime. Also, you need to see a personal injury attorney as this is compensable. Hopefully, the person has good insurance coverage.
Answered on Oct 25th, 2011 at 4:06 PM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
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If the person knew he of the condition and that it could be transmitted to others and didn't warn you or take precautions to protect you then you would have a claim.
Answered on Oct 25th, 2011 at 3:40 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If it indeed was knowingly, then you have a cause of action for battery against the person, but most insurance companies exclude intentional acts, so I hope the person has lots of assets.
Answered on Oct 25th, 2011 at 3:25 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not easy question. If done deliberately and maliciously probably yes. But 10 years, I don't know. There is the question also of your being contributorily negligent which is still a big issue in NC and perhaps 3 other states. Also double questions of causation, who caused what and when and who is sure? Need a lot of high powered medical testimony as to causation.
Answered on Oct 25th, 2011 at 3:24 PM
Business Law Attorney serving Lakewood, CA
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Law Office of James V. Sanchez
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In California, willfully exposing someone to an STD (or any contagion) is a misdemeanor (a felony if its HIV). The infector had to know about it and willfully expose the other person to it for a misdemeanor. If you are seeking to sue them for money (a civil matter), this is a domestic tort action. HSV-2 and HIV damages and rights are the most clear in this area, while curable STDs are less clear cut.
Answered on Oct 25th, 2011 at 3:18 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You have an assault claim for personal injuries. It is a recognized claim, and depends on whether he knew or should have known he had the disease before he transmitted it to you.
Answered on Oct 25th, 2011 at 3:16 PM