Can you Sue Someone for Giving You an STD?
Yes. You are able to sue someone for giving you an STD in the state of California. Those who have a sexually transmitted disease (STD) must disclose this information to potential partners before any sexual activity begins. Failure to do so is considered a crime in the state of California.
Below, we discuss what you can do if you have fallen victim to this crime.
Holding Someone Responsible for Transmitting an STD
Everyone is required to stay up-to-date on their health information. This includes getting regular STD checks and other health screenings. This comes into play in an STD lawsuit, because parties may be held liable for transmitting an STD to someone else if they knew about their infection (or should have reasonably known about their infection) and did not tell their sexual partner about it.
Through an STD lawsuit, you may seek compensation for the transmission of:
Gonorrhea
Syphilis
It’s important to keep in mind that the specific type of STD does not matter when filing this type of lawsuit.
When considering an STD lawsuit, however, it’s vital that you contact an attorney who is knowledgeable in this area of law and can work to protect your privacy and fight for your rights.
At KMD Law, we have extensive experience fighting for those whose rights were violated, and whose struggles were silenced. Know that you have a voice, and we’re here to make sure it’s heard.
Proving Liability in an STD Lawsuit
When filing an STD lawsuit in California, your attorney will need to prove your sexual partner’s 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.
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 went through a similar experience.
Is my reputation at stake?
At KMD Law, our attorneys make your privacy our utmost priority. There is a good chance we will be able to settle your case before going to trial. If going to trial becomes necessary, however, we’ll do everything possible to keep your name out of the press. We prioritize discretion and attorney-client privilege during this process.
I signed a non-disclosure agreement. Do I have a case?
NDAs 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 was 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 KMD Law, we have a long track record of success in handling cases like these. Know, however, 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 barrier to pursuing your rights.
Received an Unexpected STD? Contact Us Today
The most important thing to keep in mind before and during this process is that you’re worth it. You deserve to have your rights protected, and your sexual partner deserves to pay for acting negligently or maliciously and transmitting an infection to you that could have been prevented.
If you have received an STD from a partner who did not inform you of their infection, our attorneys at KMD Law are here to help. We’re well-versed in this area of law and we’re prepared to help you move forward from this physical, emotional, and financial turmoil.
Contact us today at (833) 456-3529 to schedule a free consultation.
