HIV & AIDS Lawsuit Attorney
Did a Sexual Partner Knowingly Give You HIV/AIDS?
The human immunodeficiency virus (HIV) is an STD that can eventually lead to AIDS, or acquired immune deficiency syndrome. HIV is a virus that gradually attacks and destroys the body’s immune system, and when the immune system has been sufficiently damaged to the point that the body can’t fight infections or viruses, the condition progresses to full-blown AIDS.
Learning that you have HIV or AIDS is a life-changing experience. Even if you have not had intercourse in several months or years, it is possible that you contracted the disease through a sexual partner. Some people do not realize they have HIV until many years after they contracted it.
At KMD Law, we can help you track down the person who gave you HIV and hold them accountable for their negligence. A successful claim will provide you with compensation that can help cover your medical bills and pain and suffering.
Seeking Compensation for HIV/AIDS Transmission
If you have contracted HIV/AIDS due to the negligent or intentional actions of another person, you may be entitled to seek compensation for your medical expenses, pain and suffering, lost wages, and other damages. At KMD Law, our experienced HIV/AIDS lawyer is dedicated to protecting the rights of individuals who have been affected by this devastating disease.
When you choose our firm to handle your case, you can expect:
- Compassionate and personalized legal counsel tailored to your unique situation
- Aggressive advocacy to hold the responsible party accountable for their actions
- Extensive knowledge and experience in handling STD claims nationwide
- Thorough investigation and gathering of evidence to build a strong case on your behalf
- Collaboration with medical experts to establish the link between the defendant's actions and your HIV/AIDS diagnosis
- Negotiation with the other party to secure a fair settlement
- Representation in court if a trial becomes necessary
Don't let the negligence or intentional misconduct of someone else go unpunished. Contact KMD Law today to schedule a consultation and learn more about your legal options for seeking compensation in an HIV/AIDS transmission case.
On This Page:
- Signs You Have Contracted HIV
- Signs That HIV Has Progressed to AIDS
- Can I File a Lawsuit Against the Person Who Gave Me HIV/AIDS?
- What Is the Role of an Attorney in an HIV Transmission Lawsuit?
Call (833) 456-3529 to request a free consultation with our HIV/AIDS attorney in Los Angeles. We handle these cases across the country.
Signs You Have Contracted HIV
It is possible to stop HIV from turning into AIDS, but only if your healthcare provider discovers it quickly enough. It takes about 10 years for HIV to become AIDS, however, the sooner it is discovered, the better. You should receive an STD screening every time you have a new sexual partner. Keep in mind that if you have it and don’t realize it, you could transfer it to someone else.
Some early symptoms of HIV include:
- Rashes and sores
- Menstrual changes
- Night sweats
- Pneumonia
- Pelvic inflammatory disease
- Swollen lymph nodes
- Fatigue
- Muscle and joint pain
- Fevers and illnesses occur more frequently
- Diarrhea that lasts more than a week
Some people will never experience these symptoms, but that does not mean that HIV is not present. Even patients who are asymptomatic can develop AIDS after 10 years, so make sure you get tested.
Signs That HIV Has Progressed to AIDS
AIDS is the most advanced stage of HIV. It is possible to prevent AIDS if HIV is diagnosed early enough, but some people will not notice the symptoms until it is too late. It typically takes 10 to 15 years for HIV to progress to AIDS, so there is ample time to get tested, but you should never take chances when the symptoms occur.
Warning signs for AIDS include:
- Unexplained weight loss
- Memory loss
- Confusion
- Falling unconscious
- Mouth and genital sores
- Diarrhea that lasts for more than a week
- Lethargy
- Recurring fevers
- Pneumonia
These are late-stage HIV symptoms, which means it may be too late to prevent AIDS. No matter if you are in the HIV or AIDS stage of the disease, you deserve justice for the thoughtless crime of its initial transmission.
Can I File a Lawsuit Against the Person Who Gave Me HIV/AIDS?
Someone who transmits HIV to sexual partners is committing a very serious offense. AIDS is a life-threatening condition that requires highly specialized medical care. If someone knows they have HIV and has intercourse with a partner without informing them, you can file a lawsuit against them for damages.
HIV/AIDS lawsuits can be filed on various grounds, including:
- Medical Malpractice: Claims against healthcare providers for failing to diagnose, treat, or inform a patient about HIV/AIDS properly.
- Negligence: Claims arising from accidental transmission due to negligent behavior, such as through blood transfusions or needle sticks.
- Product Liability: Lawsuits against manufacturers of defective medical products or pharmaceuticals that led to HIV/AIDS transmission.
- Discrimination: Claims based on discrimination in the workplace, housing, or other settings due to an individual's HIV/AIDS status.
- Intentional Infliction of Emotional Distress: Lawsuits against individuals or entities that intentionally caused emotional harm related to an HIV/AIDS diagnosis or status.
- Privacy Violations: Claims for unauthorized disclosure of an individual's HIV/AIDS status.
- Sexual Assault: Lawsuits against individuals who knowingly transmitted HIV/AIDS through non-consensual or deceitful sexual activity.
Proving the elements of an HIV/AIDS lawsuit requires substantial and compelling evidence. This evidence can come in various forms and is crucial to establishing the validity of the claims made.
Here are the common types of evidence that may be necessary:
- Medical Records: Medical records are essential for proving an HIV/AIDS diagnosis, treatment history, and the healthcare provider's notes regarding the patient’s condition. These records should include detailed documentation of the treatments and medications prescribed, along with lab results confirming the presence of HIV. Comprehensive medical records help establish the timeline and impact of the condition.
- Expert Testimony: Expert testimony from medical professionals, such as infectious disease specialists, is crucial in explaining the medical aspects of the case. Experts can clarify the standard of care expected and how the defendant deviated from it, as well as link the defendant's actions directly to the harm caused. They also provide insights into the long-term health implications for the plaintiff.
- Witness Statements: Witness statements from individuals who observed relevant events can support the plaintiff’s claims. These may include testimonies from eyewitnesses, character witnesses, and co-workers or supervisors. Such statements help to corroborate the plaintiff's account of discrimination, negligence, or other wrongful actions.
- Documentation of Damages: Documentation of damages includes medical bills, proof of lost wages, and estimates of future economic losses due to the condition. Non-economic damages, such as pain and suffering or emotional distress, should also be documented, possibly with reports from mental health professionals. This comprehensive documentation is vital to quantify the financial and personal impact on the plaintiff.
- Photographs and Videos: Photographs and videos can provide compelling visual evidence of the plaintiff's physical condition and the circumstances surrounding the claim. This type of evidence can help illustrate the severity of the harm suffered. Visual documentation can be particularly persuasive in conveying the impact of HIV/AIDS on the plaintiff's life.
- Communication Records: Communication records, such as emails, letters, and phone logs, can provide context and evidence of interactions between the plaintiff and defendant. These records are especially useful in cases involving negligence or discrimination. They help to establish a timeline and demonstrate any improper behavior or intent.
While a lawsuit may seem like added stress to an already difficult situation, the compensation you receive can help you cover the medical expenses needed to treat the condition. It is also important to hold the person responsible so that they do not continue spreading the virus to others.
What Is the Role of an Attorney in an HIV Lawsuit?
STD claims are complex. It takes time, research, and significant evidence to prove that someone negligently transmitted HIV/AIDS to you. This is where our team comes in.
In an HIV transmission lawsuit, our lawyer's role can include:
- Providing legal advice: We can advise you on the strengths and weaknesses of your case, the legal options available to you, and the potential outcomes of the lawsuit.
- Gathering evidence: We can help gather evidence to support your case, such as medical records, expert testimony, and witness statements.
- Investigating the case: We can investigate the circumstances surrounding the transmission of the STD, including the parties involved, their medical history, and any relevant evidence.
- Negotiating a settlement: We can negotiate a settlement on your behalf, which may include compensation for damages, medical expenses, and other losses.
- Representation in court: If the case goes to trial, we can represent you in court, present evidence, and argue your case before a judge or jury.
At KMD Law, we are experienced in these sensitive cases and understand how to craft an argument suitable for court. You deserve help, and our team is relentless when pursuing justice for our clients while prioritizing their privacy.
KMD Law is ready to take on your case and fight for the justice you deserve! Contact us online or call (833) 456-3529 for a free initial consultation with our HIV/AIDS attorney.