Herpes Lawsuit Attorneys
Can I Sue Someone for Giving Me Herpes?
Yes. Someone who has herpes is obligated to disclose their condition with any sexual partner, whether it is a committed relationship or not. Failing to notify a sexual partner or failing to get tested for herpes if there is a possibility of infection is negligence.
At KMD Law, we are committed to seeking justice for individuals who have suffered harm because of someone else's negligence. If you contracted herpes without prior knowledge from your sexual partner, we can work to secure financial compensation on your behalf.
If your sexual partner knowingly or negligently gave you herpes, you can file a lawsuit to hold them accountable. Based in Los Angeles, our herpes attorney handles cases nationwide. Call (833) 456-3529 for a free consultation.
How is Herpes Transmitted?
Herpes is primarily transmitted through direct skin-to-skin contact with an infected area. This can occur during vaginal, anal, or oral sex, as well as through kissing or sharing items like lip balm or utensils with someone who has oral herpes. It is also possible to contract herpes from an infected person even if they do not have visible sores or blisters, as the virus can still be active and shed from the skin.
How is Herpes Diagnosed?
Herpes is typically diagnosed through a physical examination and a review of symptoms by a healthcare provider. In cases where visible sores are present, a swab test can be performed to collect a sample from the sore and test it for the presence of HSV. Blood tests can also be used to detect antibodies against HSV, which indicate a past or current infection, even if the person does not have active symptoms.
What If I Contracted Herpes During Consensual Sex?
Even if the sex was consensual, you may be entitled to file a herpes lawsuit on the basis of negligence – that is, failing to take appropriate steps to disclose the condition and prevent transmission despite having reasonable knowledge of the STD.
Liability can apply even if the person did not think they were contagious, or even if they didn't have actual knowledge of the STD. As long as someone should have reasonably known they were infected, they would be culpable for transmitting the virus.
What If the Sex Wasn’t Consensual?
If you contracted herpes during a non-consensual sexual encounter, you can seek damages through a sexual assault lawsuit. In these cases, the defendant can also face criminal charges for the sexual assault, as well as the crime of willful exposure to an STD. At KMD Law, we have a long history of success in representing victims of both STDs and sexual abuse.
Can Spouses Be Liable for Transmitting Herpes?
Yes, a spouse can be held liable for giving their wife or husband herpes. Being married to the person they infected with an STD does not make someone immune from liability.
Herpes Lawsuit Statute of Limitations
In order to recover compensation for a herpes transmission, you must file your lawsuit within the statute of limitations. Every state has a different statute of limitations for personal injury lawsuits and other civil claims. In California, the statute of limitations is two years, but other states give only one year, and some up to five years.
You can find your own state's statute of limitations here.
Identifying Herpes: HSV 1 & HSV 2
Sadly, there is no cure for the herpes simplex virus.
Herpes requires a lifetime of prescription treatment and is characterized by large sores on the skin that are painful and tender to the touch. Herpes can be transmitted even if the sores are not present, which is one of the reasons why it is such a commonly transmitted STD.
There are two types of herpes:
- HSV 1 – Most commonly known as cold sore oral herpes, though this infection usually appears around the mouth.
- HSV 2 – Genital herpes is the most common form of herpes. These sores appear around the genitals or anus.
The most noticeable symptom of herpes is the blisters and sores that appear on the skin. However, these are not present at all times, and there are other signs that can indicate you have herpes.
Lesser-known symptoms of herpes include:
- Painful, burning sensation when urinating
- Difficulty urinating
- Pain around the genitals
- A pervasive aching feeling
- Fatigue
- Flu-like symptoms including fever, chills, and headache
These symptoms can be treated, but that means another medical expense you have to deal with. The person responsible for transmitting this disease to you should bear some of the responsibility. A successful herpes lawsuit can provide you with the compensation you need for your medical bills and pain and suffering. Call our attorney at KMD Law for help.
The Dangers of Genital Herpes (HSV-2)
Genital herpes may cause painful ulcers that can be severe and persistent in patients. Both HSV-1 and HSV-2 can also cause rare but serious complications such as aseptic meningitis (inflammation of the linings of the brain). Development of extragenital lesions (e.g. buttocks, groin, thigh, finger, or eye) may occur during the course of infection.
Many people who contract HSV-2 have concerns about how it will impact their overall health, sex life, and relationships. There is significant mental trauma that comes with a diagnosis of Herpes. Considerable embarrassment, shame, and stigma associated with a herpes diagnosis oftentimes severely interferes with a patient’s psyche.
Pregnant women face additional dangers from genital herpes, as HSV-2 can be passed on to their baby during childbirth.
How Should Someone with Herpes Manage Outbreaks?
Managing herpes outbreaks involves a combination of medication and self-care strategies. Antiviral medications can be prescribed to shorten the duration of an outbreak and alleviate symptoms. Keeping the affected area clean and dry, avoiding tight clothing, and using over-the-counter pain relievers can also help manage discomfort. It’s important to avoid touching the sores to prevent spreading the virus to other parts of the body or to other people. Stress management, maintaining a healthy immune system, and avoiding known triggers can help reduce the frequency of outbreaks.
What are the Grounds for Filing a Herpes Lawsuit?
The grounds for filing a herpes lawsuit generally include negligence, intentional transmission, or failure to warn. Negligence claims may arise if the defendant did not take reasonable steps to prevent transmission, such as using protection or disclosing their status. Intentional transmission claims involve situations where the defendant knowingly and willfully transmitted the virus. Failure to warn claims are based on the defendant not informing the plaintiff about their herpes status before engaging in sexual activity.
What Must be Proven to Win a Herpes Lawsuit?
To win a herpes lawsuit, the plaintiff must prove several key elements: that the defendant knew or should have known they had herpes, that the defendant failed to disclose their condition, that the plaintiff contracted herpes from the defendant, and that the plaintiff suffered harm as a result. This often requires medical evidence, witness testimony, and proof of the timeline of the relationship and transmission. Establishing these facts can be challenging but is essential for a successful claim.
What Kind of Compensation Can be Awarded in a Herpes Lawsuit?
Compensation in a herpes lawsuit can vary widely based on the specifics of the case. Plaintiffs may be awarded damages for medical expenses, pain and suffering, emotional distress, and any financial losses incurred due to the infection. In some cases, punitive damages may also be awarded to punish the defendant for particularly egregious conduct. The amount of compensation will depend on the severity of the plaintiff's condition, the degree of negligence or intent by the defendant, and the impact on the plaintiff's life.
Contact KMD Law today at (833) 456-3529 to schedule a free consultation with our experienced herpes attorney. We handle herpes lawsuits across the country from our office in Los Angeles. Find out how we can help you.
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