Can Getting An STD Be Considered A Personal Injury?

Many states will prosecute someone with criminal charges if they knowingly transmit HIV to another person, especially in situations where transmitting the disease was the intention all along. There are other STDs like syphilis, crabs, and herpes that can also be transmitted knowingly or intentionally. Are you able to sue your partner for damages in these situations? You may be surprised to know that you can. Most STDs can make someone liable in a personal injury lawsuit. These are typically not open and shut cases, which make them difficult to get compensation for. You will need to prove these 3 things.

The Other Person Know About The Infection And Did Not Inform You

It's possible for someone to have an STD and not realize that they have it. If you're able to prove that the other person knowingly had the disease, you could have a solid civil case on your hands.

A lawyer can help you subpoena their medical records. The timeline will be crucial, since it must show that they knew they had the disease before you had intercourse. If not, they could claim they got the disease from you.

The Other Person Intentionally Did Not Use Protection

Liability often requires negligence by the guilty party. In this type of situation, negligence includes the use of protection while having sex. Even if the other person did not disclose their disease, they may have intentionally used a condom to prevent you from getting it. Unfortunately, protection methods can fail.

Part of your personal injury lawsuit will be to prove that the other person did not take the necessary precautions to prevent you from getting the disease. Deciding not to use a method of protection that will prevent the transmission of the disease is one of them.

You Did Not Get The Disease From Someone Else

Even when the timelines match up and you can prove proper protection was not used, the other person's defense could be that you got the disease from someone else. They can do this by placing doubt into a judge or jury's mind, which could be done by proving you've had multiple sexual partners around that time. A lawyer can help you prove that this is not true, helping prove the disease was contracted from your former partner.

With laws about STDs and personal injury claims being different in every state, it is best to work with a lawyer to handle your case. Speak with professionals like Daniels Long & Pinsel for more help.

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