STD Transmission & Liability
Sexually transmitted diseases are infections passed from person to person through sexual contact. While some STDs can be cured, others cannot and may leave a person with a lifetime of physical, emotional, and financial turmoil.
Those infected with an STD must disclose their condition to their sexual partner before initiating sexual contact. Failure to do so gives the other party ammunition for a lawsuit.
If you have received an unexpected STD from a sexual partner, you may be able to recover compensation from them for your medical bills, pain and suffering, and more.
STD’s are startlingly common in the United States. According to the Centers for Disease Control and Prevention (CDC), more than one in six Americans is infected with genital herpes. More than half of Americans are infected with oral herpes. Other STDs, including chlamydia, gonorrhea, and syphilis are also common, and the number of infections of these diseases has increased dramatically since 2014.
Herpes infections, in particular, are more prevalent in women than men. Approximately 20% of women have genital herpes infection, compared to 11% of men. This may be because male to female transmission is more efficient for the spread of the virus than female to male.
How Does Herpes Infections Happen?
Herpes, also known as the herpes simplex virus (HSV), may spread through any form of sexual contact: oral, vaginal or anal. There are two main types of the herpes virus, and each affects the host differently.
HSV-1: This form of the virus typically causes oral herpes. It’s mainly transmitted through oral to oral contact, such as kissing. However, it can spread to the genital area through oral to genital contact to cause genital herpes as well.
HSV-2: This form of the virus typically causes genital herpes. Its mainly spread through sex or contact with the genital surfaces, skin, sores, or fluids of someone infected with this type of the virus.
The important thing to keep in mind is that many herpes transmissions occur when the infected person displays no symptoms. This is because the infected person is always shedding some amount of the herpes virus, even when no visible symptoms are present.
Tis is why its vitally important and legally mandated for individuals with herpes to inform their sexual partners of their infection because sometimes, there is no other way for their partner to know about it.
Legal Ramifications For An STD Transmission
If you have received an unexpected STD transmission from a sexual partner, you may feel scared, alone, vulnerable, and unsure where to turn. During this difficult time, it’s important for you to remember that you did nothing wrong.
Your sexual partner had a legal obligation to disclose their STD infection to you before any sexual contact occurred. Now, their failure to do so has resulted in a traumatic discovery for you.
Know that you have the absolute right to sue if you have been infected by sexual contact from a willingly negligent or misleading partner.
By filing an STD lawsuit, you may be able to recover compensation for the following:
- Genital Herpes
- Cervical Cancer from HPV
- Chronic Hepatitis B HBV
- Medical Bills
- Emotional Suffering
Filing An STD Lawsuit
When filing an STD lawsuit, your attorney will need to prove your sexual partners liability by showing that they knew or should have known about their STD and acted negligently when they failed to disclose that information to you before sexual activity occurred.
Your sexual partner cannot claim they spread the disease unintentionally as their defense, since they should have been aware of their status. Additionally, your sexual partner cannot claim they used birth control methods as their defense, since condoms can fail and partners should be made aware of the risks associated with sexual contact.
It’s important to keep in mind that the specific type of STD does not not matter when filing this type of lawsuit. You may pursue damages against the negligent party for their transmission of herpes, HIV/AIDS, human papillomavirus HPV and more.
When considering pursuing an STD lawsuit, it’s vital that you contact an experienced attorney who is knowledgeable in this area of law and can work to protect your privacy and fight for your rights.
At Tompkins Selph & Associates we have experience fighting for those whose rights have been violated. Know that you have a voice and here at Tompkins Selph & Associates we’re here to make sure you’re heard.
Common Questions When Pursuing an STD Lawsuit
It’s completely normal to feel intimidated and overwhelmed before undergoing this process. As such, we have put together some frequently asked questions from victims like you who have gone through a similar experience:
Is My Reputation At Stake?
Our attorneys make your privacy our biggest priority. There is a good chance we will be able to settle your case before going to trial. If going to trial becomes necessary, we will do everything possible to keep your name out of the press. We prioritize discretion and attorney client privilege information throughout this whole process.
I Signed A Non-Disclosure Agreement. Do I Have A Case?
Non-Disclosure Agreements and other “gag orders” are often used to keep victims from talking after they accept a settlement for an STD claim, particularly when their claim is against a high profile individual. However, the enforceability of an NDA is highly complicated and needs to be carefully evaluated by a seasoned legal professional.
Is It Worth Pursuing My Claim When It Seems Like So Many Walk Free?
At Tompkins Selph & Associates we have a reputation of success in handling cases. Know that we operate on a contingency fee basis, which means you don’t pay us a dime unless we win money for you. So there is no financial risk or barrier to pursuing your rights.
Learn How We Can Help You Today
The most important thing to keep in mind before this process is that you’re worth it. You deserve to have your rights protected, and your sexual partner deserves to pay for acting negligent and transmitting an infection that could have been prevented.
At Tompkins Selph & Associates we fight for each and every one of our clients with discretion and respect. Call us today at (614)-453-0971 to find out how we can assist you today.