It's safe to say that almost everyone tries to avoid catching a disease like genital herpes. However, having unprotected sex with an infected person can often result in herpes, which can be a lifelong medical condition. The embarrassment and anger you may experience are normal, but you can also take legal action against the person who passed genital herpes along to you. Read on to find out more.
Did They Know?
That question might be at the heart of any civil action you intend to take. Knowingly passing along a sexually transmitted disease (STD) like genital herpes can be interpreted as a form of assault (and even sexual assault) in some states. Although assault is more of a criminal matter than a civil one, having a criminal case against the defendant will only strengthen your case for money damages.
Suing for Negligence
Whether they knew about being infected with genital herpes or they should have known it about before having sex, you may have a case for civil court — otherwise known as a personal injury case. The basis of this sort of case is formed from the duty of care that each person automatically owes another person. You must use due care when you drive, when you post on social media, and when you engage in sexual relations with someone. If you fail to do so, you can be perpetrating negligence by breaching that duty of care. The chances of passing along a genital herpes infection are well-known to nearly everyone by now.
Personal Responsibility
You might also consider your own part in the transmission of an STD like genital herpes. Just as the defendant owed you a duty of care, so did you owe that person a duty of care. If you expect to take action, be sure you know for certain that you were not already infected with the herpes virus yourself. You might also encounter, as a defense, allegations that you agreed to participate in sexual relations without using protection.
Fraudulent Encounters
Finally, you might have a case for fraud if you were led to believe something that was untrue. This type of case revolves around the "but for" premise. In other words, but for what you were led to believe, you would not have engaged in relations with the defendant. So, if they lied, you believed them, and you were injured (by catching herpes) as result, you have a case for fraud.
You can be reimbursed for medical expenses, pain and suffering, lost wages, and more if you win your case. This type of case is unusual but not unheard of. You deserve to be paid for what you went through and the lasting effects of the STD. Contact a personal injury lawyer to find out more.
