The Legal Aspects of Herpes......to
Suit or not to Suit.....
Here are some points to consider if you are interested in filing suit
against the person who gave you herpes:
QUESTION: Can you win your case and get a lot of money in damages?
ANSWER: You can quite possibly win the lawsuit, and be awarded damages which
may or may not be high, but you may not be the winner.
Here's how it goes: You file suit agains the person who infected you. Depending
on the circumstances, and the state or province you live in, you may have
an easy time or a difficult time winning in court. If it was with someone
you hardly knew, the court may rule that since sex with a virtual stranger
is inherently risky activity, both participants "assumed the risk" of catching
a disease. And some courts have suggested that each partner has an obligation
to ASK THE OTHER PARTNER specific questions about disease, and that failure
to ask precludes a lawsuit. But for the most part, the law seems to be on
the side of the person who catches the sexually transmitted disease from a
sexual partner who knew that he or she was infected, but did not volunteer
the fact.
OK, so you decide to go to court. Remember, courts are generally open to
the public. So everyone will know that you have herpes. Do you want that?
Suppose that the person who gave you herpes may have at some time after the
infection occurred admitted he or she had herpes before you had sex. In court,
this person may deny it, and in fact claim that YOU gave him or her herpes!
Now you might say, but he/she is not that kind of person. True. But his or
her lawyer may be that kind of person. You might be able to gain medical records
to prove when the person got herpes. But you may not, because the person
concerned may have received medical treatment at a clinic or with a doctor
under a false name. In court the defendants lawyer will be entitled to ask
all kinds of questions about your sexual history.....how many partners you've
had....and when etc. You may then have to prove that you didn't get herpes
from any of them, which may not be easy to do. Now it IS possible that you
can win, and be awarded monetary damages. But you should be fully aware of
the process involved.
There are two other possiblities: The first is to settle out of court. There
will be two lawyers fees to consider, and you will have to at least appear
ready to go to court if necessary. This may be a bigger bluff than you are
willing to assume. The next possibility is to file the lawsuit using only
your initials and the initials of the person who infected you. You can ask
the other person's lawyer to keep the lawsuit confidential. (Though word can
still get around quickly enough.) Or perhaps you can get the other person
to agree to go to court in another city or town.
Someone thinking of suing you will have to consider all of this as well.
Keep in mind that I am not a lawyer, and this should not be your sole source
of information to use before making any decision in this regard. You should
seek the advice of a lawer if you are being sued, or if you are thinking of
suing someone else.
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