Posted on: 31 March 2015Share
In a sexual relationship, it is the responsibility of both partners to divulge if he or she is infected with a sexually transmitted disease, or STD. If you were infected by someone with a STD, you may be able to take legal action against him or her. Whether or not you can depends on the details of your situation.
What Legal Actions Can You Take?
One available option is to contact the police and request that charges are filed against the person who infected you with the STD. Whether or not the prosecutor chooses to file charges depends on a number of factors, including if you were intentionally infected.
You also have the option to file civil charges against the person. When you file civil charges, it means that you are seeking monetary compensation from him or her.
What Do You Have to Prove in a Civil Case?
In a civil case, you have to prove that your sexual partner was negligent. In this instance, your personal injury attorney could argue that your partner failed to disclose that he or she had a STD which led to you being infected.
The failure to alert you of his or her health status could be considered to be a failure to fulfilling a legal obligation to provide care. In personal injury law, duty of care means that a person or company has the legal obligation to do everything within reason to prevent harm or injury of another.
You could also argue that your partner's actions resulted in civil battery. In this instance, you are arguing that by not refraining from having sex with you, he or she intentionally and harmfully had contact with you.
What Damages Could You Claim?
One of the most obvious damages you could sue for are your medical bills. Everything from the tests used to diagnose you to the treatments you underwent are recoverable. In addition to that, you could also sue for emotional distress.
Discovering that you have a STD can be traumatic. Between worrying about what it could mean for you medically to how it will impact your future relationships, you could suffer distress.
Additional damages, such as lost wages and loss of companionship, might also apply depending on the details.
The best way to judge whether or not you have a case against a former partner is to talk to a personal injury lawyer such as Dennis Kucera, Attorney At Law. The lawyer is most familiar with state laws, other cases in your area involving STDs, and what you need to prove to win.