Can I Sue Someone for Giving Me Herpes?

Sue Anyone in Small Claims Court Can I Sue Someone for Giving Me Herpes?

Can I Sue Someone for Giving Me Herpes?

If you’re sexually active, whether you are in a serious relationship or not, you’re at risk of catching an STD or STI. One of the more common STDs that many people come into contact with is herpes or genital herpes. If you have recently been diagnosed, you should know that this is a disease without a cure. 

You will need to take antiviral prescription medicine daily to help reduce the number of painful breakouts you have. Making matters worse, you will need to schedule regular doctor’s visits and bloodwork. In this situation, you may be wondering if you have any legal rights. After all, how can someone just give me a disease? Can I sue someone for giving me herpes?

Suing someone for giving you herpes is easy with DoNotPay’s Robot Lawyer. Instead of paying huge legal fees to an attorney, DoNotPay uses artificial intelligence to help everyday people navigate confusing legal situations, which can help you recover monetary damages for medical bills. In addition, this service can allow you to sue anyone in small claims court for giving you herpes.


Reasons to File a Lawsuit Against Someone for Giving You Herpes

If you have contracted herpes, you can sue the person that gave it to you. Most states have laws against spreading herpes, and infected people are expected to take precautions against the further spread of the disease. 

This includes using protection, taking medication to limit the infectious period, and, most importantly, telling anyone of the risk before engaging in sexual acts that could spread herpes. Here are the main reasons that people decide to sue someone for giving them herpes.

Civil Battery In this situation, the victim will have contracted herpes from nonconsensual sex. This means that they were raped and later discovered that their attacker gave them herpes. This type of case will usually also come with assault charges against the person who hurt you, but you can also sue them for damages, pain, and suffering.
Negligence  One of the more common claims is negligence. You can sue someone for giving you herpes if they lied about having an STD or if they knew and didn’t tell you beforehand. Again, any person infected with herpes is supposed to take precautions to prevent spreading the disease. If they fail to do so, it is negligence. 
Personal Injury A personal injury case is the type of lawsuit you will need to file to sue someone who gives you herpes. You can sue even if they were a spouse and the sex was consensual. In some cases, you can sue for any medical costs, past or future, for the disease they caused you. This is because they neglected their personal responsibilities. You can sue someone for giving you genital herpes in small claims court if you can show that they: 

  • Had herpes while being physically involved with you.
  • Did not disclose their herpes status to you.
  • Did not do enough to prevent herpes transmission to you.
  • Could reasonably know that intercourse could do harm to you.
  • Did not do enough to prevent herpes transmission to you.
  • Knew that intercourse could do harm to you.

File a Lawsuit Against Someone for Giving You Herpes Without an Attorney

If you are unable to pay an expensive lawyer, you might be thinking about filing a lawsuit against someone for giving you herpes. This is definitely an option you must consider carefully. Yes, you can sue someone in small claims court by yourself, and it would save a lot of money over using an attorney. The problem is that the law and court proceedings can be very lengthy and confusing. Here are the basic steps for suing someone for giving you herpes:

  1. Filing: You will first need to file your personal injury lawsuit against the alleged person who gave you herpes. You will file directly with the court and pay the filing fees. 
  2. Pleadings: Each party MUST file paperwork explaining their side of the story. You will tell the court about your sexual contact, any symptoms you started to notice, confirmation from your doctor, and conversations you may have had that lead you to believe they gave you herpes. 
  3. Discovery: This is the time during the case when you will need to gather as much proof as you can. In some states, both parties may be required to get a blood test to see if the herpes strain is the same, proving spread. 
  4. Trial: If the person you are suing wants to settle out of court, you won’t need to go to trial. Many people would prefer to keep these types of suits private. If it goes to court, you will need to tell the court your case.
  5. Appeal: If you or the person you are suing is not happy with the ruling, there will be a chance to appeal it, which would start the process over.

Dangers/Issues With Filing a Lawsuit by Yourself

The downside of suing someone for giving you herpes by yourself is that it is easy to make mistakes. As mentioned above, there are many legal steps to filing a lawsuit, and each step needs to be done in proper order. 

Additionally, each step requires paperwork that needs to be filed promptly. If you fill out the wrong forms or make an error, you will not be refunded for filing fees. You will also need to do the work again, including paying more fees. This can not only cost a lot of money, but it can make it seem like you do not have much of a case.

If the person you are accusing has professional help, they might be able to throw the case out entirely rather than wait for you to fix any errors.

How to Sue Someone for Giving You Herpes With DoNotPay

On the other hand, suing someone who gave you herpes using DoNotPay is easy, and it could save you a lot of money. 

Instead of dealing with a real lawyer that wants to charge you a ton of money to file paperwork, you can use our artificial intelligence software to file it for you. Plus, our robot lawyer is easy to use. Follow the steps below to get started with your personal injury case. 

  1. Log-in to DoNotPay and select the Sue Now product.

  2. Enter the dollar amount you are owed for pain and suffering/medical bills.

  3. Select whether you want a demand letter or court filing forms.
  4. Describe the reason for the lawsuit and submit any applicable details, including proof.

That’s all there is to it! DoNotPay will then generate a demand letter or court filing forms just for you. We’ll even mail a copy of your demand letter to the person you are suing if you want us to.

What Else Can DoNotPay Do?

DoNotPay excels in helping people sue any company in small claims court without a lawyer. Check out other companies that DoNotPay has helped sue:


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