If you've been sexually active, there's a good chance that you've been exposed to an STD. The Centers for Disease Control and Prevention estimate that 1 in 5 Americans have a sexually transmitted infection.
While this statistic is pretty scary, it's important to remember that having an STD does not mean your life will be ruined. In fact, most people with STDs are just fine. In some cases, however, having an STD can have serious consequences, particularly when someone else spreads those infections intentionally or through negligence.
Have you ever wondered if you can sue someone for infecting you with an STD? In this post, we'll discuss when it's possible to sue a person for transmission of an STI and why it's important to understand the laws surrounding these suits before taking any legal action against a sexual partner who knowingly infected you with an STD.
One infamous case involves singer Usher Raymond IV and his alleged exposure of one woman to herpes. According to court documents obtained by People magazine, the woman claims she was infected with herpes after engaging in unprotected sex with Usher at his home in 2012 without knowing he had the disease himself.
The court documents say she remains "seropositive" for herpes almost five years later and has suffered emotional distress as well as physical symptoms like "depression, headaches, chronic pain, and reduced mobility." She also believes she may have contracted HIV from Usher thanks to their encounter.
The case against Usher is the latest in a long line of celebrity STD lawsuits. Other famous people who have been involved in similar cases include Charlie Sheen and Tiger Woods.
Can you sue someone for giving you an STD? The short answer is yes — there's nothing in U.S. law that prevents you from filing a suit if your partner gave you an STI on purpose.
It can be hard to tell when someone has given you chlamydia or gonorrhea. Many people with an STD have no symptoms, so it's not always obvious that they have an infection even if they give it to you. That can make it tough to know whether to bring a lawsuit against your sexual partner if they gave you an STD without telling you about their health conditions.
You'll need to prove that they intentionally or recklessly gave you the infection and then prove that they were under a duty to do so. If this is true, then there are three potential claims that could be made:
Whether or not you can sue a person for giving you an STD will depend on the type of law in your state and whether or not that person intentionally gave it to you. If it was their intention to give it to you, then yes, there’s potential for a lawsuit. However, if they didn't mean for this to happen and believed themselves free from STDs at the time of sexual contact with somebody else, then no—they're not liable (depending on where they live).
Some states have passed specific laws allowing people who were infected with STDs through non-consensual sex (i.e., rape) to sue their attackers under criminal statutes called "sexual battery." In these cases, a successful conviction could result in jail time as well as monetary damages awarded by juries against both parties involved in order for them both to pay back any costs associated with treatment etcetera ad infinitum!
The amount of damages you can get is determined by the court. Determining the amount of damages is usually a very complicated process and requires expert testimony. The following factors are considered:
If you have a case against someone who gave you an STD and want more information about how much money could be at stake for their actions, consider speaking with an experienced attorney about what happened so that they can help guide you through this difficult situation.
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