The very chair I was in when I got that call is still clear in my mind. The diagnosis was not mine, but that of a very close friend of mine. While listening to the news, my immediate reaction was can you really sue someone for that? If you are reading this blog after experiencing something similar recently, let me tell you this.
The answer to your question is yes, you can sue someone in certain situations for getting a sexually transmitted disease. However, this will depend on the circumstances surrounding your case as well as the particular laws in your state.
Table of Contents
Quick Answer
Yes, suing someone for transmitting herpes may be possible in a lot of situations, but it isn’t automatic. The success of your case depends on four conditions:
As you can see, it isn’t a matter of yes or no. If it is possible, there are certain things that have to come together. Let’s see what they are.
When Herpes Transmission May Give Rise to a Lawsuit
The legal issue isn’t the herpes virus. Many people are carriers of the virus without any wrongdoing. The lawsuits come in when someone knew or reasonably ought to have known that they had been infected and remained silent.
This could be likened to a person who is driving a car with worn out tires in rainy weather. Driving itself isn’t a violation of the law, but as soon as someone who is aware of the poor condition of the tires hits a patch of black ice, it becomes their fault.
There are three theories that apply in herpes-related lawsuits:
What Must Be Proven in a Herpes Transmission Case?
Courts require proof before believing you, and you would probably do the same if you were them.
Generally you need to demonstrate the following three points:
The part that confuses people the most is causation. To say, “I have herpes, and we engaged in sexual activity,” does not suffice. You need to provide a reasonable timeline that points to this person as being the source of the herpes and not someone else.
Does Someone Need to Know They Have Herpes to Be Legally Liable?
Generally speaking, yes, some accountability is present. If a person did not receive an official diagnosis, is showing no symptoms and has no reasonable reason to expect they are sick courts will usually find them not liable. This is not negligence; it is an unfortunate mishap.
However, should have known is also valid. Courts consider what a reasonable person would have known about their health, not merely what they are willing to acknowledge.
Ignorance becomes irrelevant if any of these conditions are met:
Herpes Disclosure: When Failure to Tell a Partner May Create Liability
The answer is often yes indeed the focus of most cases. In some states, silence itself constitutes a wrongful act, rather than an outright false statement.
For instance, it is possible for a person to know for certain that they are HIV positive, and their decision not to disclose that fact will make them liable for negligence. It is somewhat like selling a car with a broken engine block without mentioning it.
There was no false statement made because there was no question asked, but the law does not permit one to stay silent about things they know could be important.
Can You Go to Jail for Infecting Someone With Herpes?
This follow up question is one of the most frequently asked, and there is no single answer to it, as it ultimately depends on where people live.
This is because civil and criminal liability operate on two separate levels of law, and only a few states consider criminal liability. Some states have made it explicitly illegal to knowingly transmit an STD.
For example, in Minnesota, the transmission of any communicable disease is punishable according to applicable state laws.Likewise in California, knowingly exposing someone to an STD is a misdemeanor.
Unlike these two New York lacks any laws regarding the criminality of STD non disclosure, which therefore means that this type of case is pursued only in civil court.
Thus, if we look at the legal ramifications of knowingly passing herpes to someone else, we see that they fall under two distinct categories:
Law already in place:
Thus, it is absolutely crucial to understand the different legal ramifications of knowingly passing herpes to each case since this will determine your entire process.
Key Evidence That May Support a Herpes Lawsuit
Collecting evidence may be long winded, but it could be the difference between progressing with a case and not moving anywhere at all.
Start getting and saving the following:
Herpes incubation period may take from several days to several weeks, so time is of the essence for such issues. With a recent negative test followed by a positive one with the contact history, it is possible to assume that a particular individual is the one and the only source of infection.
Understanding Damages in a Herpes Transmission Claim
In most successful cases, from a financial standpoint. There are three types of compensation:
Economic damages:
Costs of medical treatment, continuing treatment, and lost income due to absence from work.
Non-economic damages:
Suffering, emotional distress, and the effect on relationships and daily activities.
Punitive damages:
Expenses incurred due to intentional or extremely reckless behavior.
An important thing to know straight away is that insurance does not usually cover verdicts related to intentional wrongdoing or gross negligence so in many cases. The amount you can get paid out depends on whether the other party has their assets to recover those judgments from.
State Laws and Their Impact on Herpes Transmission Claims
There’s no single national rulebook. Statutes of limitations, available legal theories, and whether criminal charges are even possible all shift from state to state.
Example:
Other states set entirely different windows. A quick consultation with a local attorney is worth it before you assume your window has closed. You may have more time than you think, or less.
How Long Do You Have to File a Herpes Lawsuit?
It’s crucial not to delay. The statute of limitations and evidence can be cruel to citizens. For example, texts can disappear, witnesses can forget details and move on to new chapters in life. Even if you aren’t certain if you are willing to go after anything right now, preserving evidence gives you options down the road.
Important Steps After Suspected Herpes Transmission
If you’re in the thick of this right now, here’s a grounded next-steps checklist:
Frequently Asked Questions
Q. Is it possible to file a lawsuit against a person responsible for giving you herpes even if the latter has not been convicted?
Yes, the civil and criminal cases operate independently of one another and you are free to file a lawsuit whether or not someone has been charged in the case.
Q. Do I have to demonstrate that the other person acted dishonestly?
Not necessarily. In many states, the fact that the person failed to disclose that he/she had the disease can prove sufficient grounds for the claim even if the person has not lied directly.
Q. Is there a possibility of arrest for giving somebody herpes?
Only in some states which define intentional transmission of STD as a crime like Minnesota or California. In other states like New York, it is regarded as a civil matter.
Q. What if I don’t know who infected me with herpes?
You will still have some options, although the lack of information about the source makes it hard to establish causality.
Final Thoughts
Discovering that you have been diagnosed with herpes is bound to stir a lot of tough questions, particularly if you believe that a specific individual knew about your infection and never disclosed vital details.
In some cases, you might be entitled to claim compensation from a person responsible for your diagnosis of herpes, but whether you have a legal claim depends on a fair number of facts.
One important factor is whether there has been any disclosure, a fact of the other party’s knowledge of their condition, whether or not you granted them consent, whether there was sufficient proof of transmission and what damages you suffered.
If you suspect a particular individual has recklessly or willfully exposed you solely to herpes without any warning, then be sure to gather all the necessary information, such as messages, medical documents, tests, etc.
Consulting a qualified lawyer specializing in personal injury will allow you to learn about your legal options.
