September 29, 2023

Suing someone for giving you herpes is an option. Bringing a personal injury lawsuit would be the appropriate legal procedure for this. The transmission might be a civil battery if it resulted from extramarital sex. If the infected individual misrepresented having an STD or should have known about the illness but failed to take reasonable precautions to prevent transmission, they may be liable for carelessness.

These legal actions would all demand monetary damages. The compensation would cover the costs of the victim’s disease-related losses, including medical expenses, lost wages, and pain and suffering. A lawsuit with the help of Redkey Gordon Law Corp is another way to make the person who infected you answerable for their deeds.

Can I file a lawsuit if I got herpes while having consenting sex?

You may claim a personal injury against the individual who exposed you to herpes. Even if the sex was consent-based, you could still file a lawsuit. The transmitter would be blamed for negligence, according to the case. He or she had the opportunity to stop the spread of herpes but chose not to.

If you can prove that someone gave you herpes and did any of the following:

  • had herpes, 
  • Did not tell you about it, 
  • Did not take any action to stop it from spreading, and 
  • could have reasonably predicted the harm it may bring.

Even if a sexual partner does not believe they are contagious, they may still be held accountable. Even without knowing the infection, he or she can still spread it. They do not even have to be aware that they have the virus. If they had a reasonable expectation of knowing they had herpes, they might be held accountable for spreading it. 

What if the liaison was not voluntary?

You might file a civil battery claim if you contracted herpes during non-consensual intercourse.

To prove battery following herpes transmission, you must demonstrate that:

  • You were not a consenting party to the defendant’s contact with you, 
  • yet you were hurt as a result of their actions.

These defendants may also be charged criminally. They may be accused of purposeful exposure. They can also be charged for having sex without consent. They could be charged with the following:

  • Rape or 
  • sexual assault.

Are partners liable?

A spouse who infects their partner with herpes may be held accountable.

Spouses are not exempt from responsibility for spreading an STD.

What compensation is possible?

In the event that the case is successful, your damages may be compensated. Among them are:

  • medical fees, projected future medical costs, 
  • missed earnings while you heal, 
  • discomfort from the condition (physically and mentally), 
  • emotional hardship from having herpes, 
  • shame, and 
  • reputational harm.

Other losses may also be recovered if the transmission caused them.

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