Faqs About Suing A Sexual Partner For Transmitting A STD

Law Blog

Personal injury cases are not limited to car accidents and slip and falls. Cases involving the transmission of sexually transmitted diseases, or STDs, can also be included. If you were diagnosed with a STD and believe your partner knowingly infected you, here is what you need to know. 

Can You Sue Your Partner?

Depending on the circumstances of your case, you might be able to sue your partner for infecting you with a STD. If successful, you could receive financial compensation for your partner's actions that could cover damages, such as medical bills and emotional distress. 

There are various legal theories you could cite in your lawsuit, but the two most common in a case involving the transmission of a STD are negligence and civil battery.

What Do You Have to Prove for Negligence?

In order to file a lawsuit against your partner based on negligence, you need to prove that your partner was aware that he or she had a STD. For instance, your attorney could request copies of your partner's medical records to show that he or she was aware of the STD. 

You also must prove that your partner did not inform you of his or her medical status. Evidence, such as text messages acknowledging this fact, could help prove your case. 

At that point, you could argue that he or she behaved in a negligent manner. As a result, you were infected with the STD and you suffered physically and emotionally. 

What Do You Have to Prove for Civil Battery?

Arguing civil battery as the reason for your lawsuit takes your case in a different direction than if you cited negligence. By citing civil battery, you are stating that your partner was aware that he or she was infected and that by exposing you to the disease, he or she intentionally had contact with you. 

The most important thing to prove in this type of case is that you were unaware of your partner's medical status and as a result, the right to make an informed decision regarding sexual intercourse was taken from you. 

As with the negligence argument, you could rely on your partner's medical records to prove he or she was aware of the disease. 

Proving your case will be a challenge, but it is not impossible. Your attorney can help you determine what evidence is needed, which legal theory to cite, and what damages you are owed. Click here to learn more about accident attorneys in your area.


15 February 2016

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