Civil lawsuits and personal injury cases are not just about physical assaults or violent acts. Sometimes it is about putting a person in harm’s way purposely. Did you know that being infected with an STD from a partner who knew they had one could entitle you to a settlement?
These types of personal injury cases are very unique and difficult to prove; therefore, you should speak to a skilled tort lawyer before assuming you have a case.
Negligence
To prove your case, you will need to prove that your partner was negligent. For example, your partner knew he or she had an STD and they did not inform you about their STD status first. By failing to disclose that information, they breached their legal duty to act with care and caution for the safety of others.
Civil Battery May Apply
You could allege that the partner’s actions, exposing you to an STD, resulted in harmful and uncontested contact. Because you would have refused sexual contact if the party told you about their STD, they violated your rights.
Seeking Damages for Infected With an STD
In a civil case regarding sexually transmitted diseases (STD) infections, the monetary compensation is not as straight forward. Your attorney will need to compute the damages and the type of STD you contract may increase or decrease your settlement amount. For example, a treatable STD will not receive as much in compensation as an STD like AIDS or HIV.
Some damages you can request as part of your civil case include, but are not limited to:
- Emotional Suffering
- Medical Costs (for treatment as well as long-term care, if long-term care is required)
- Medication Costs
- Time Off Work
- Change of Lifestyle—if you are infected with AIDS or HIV, your life is forever changed
- Wrongful Death—if a loved one dies from an STD that was purposely given to him or her
Hiring an Attorney
You will need to hire a skilled tort lawyer to handle your claim. These cases can come down to a he-said-she-said defense; therefore, you need an attorney to help investigate your case and prove it in court. Your attorney may also seek criminal charges against the partner for knowingly infected with an STD.
If you or a loved one was infected or exposed to an STD unwillingly, you may have a case to receive a settlement. Contact the attorneys at Fetterman & Associates, PA today for your free consultation.
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