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Suing for Herpes Transmission:
Is it Possible and How Much I Can Get?

If your partner knowingly infected you with herpes, you may be able to file a lawsuit against him or her if it can be proven that they had reasonable grounds to believe they had herpes or suspected an infection prior to the encounter.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.


Is it Hard to Sue Someone for Giving You Herpes?

Filing a lawsuit against someone who gave you herpes can be very difficult for many reasons. First, it can be extremely embarrassing to sue someone over such matters, with intimate details about your sexual history, your sex life and the impact of the STD revealed in court.

Next, it is difficult to prove that either the defendant knowingly transmitted herpes to the plaintiff without disclosing the condition, or should have known they had it and transmitted it. Even if a plaintiff can prove the defendant had herpes when they had sex, it's hard to prove that the defendant was the one who infected the plaintiff with it.

What is Herpes?

Genital herpes is a sexually transmitted disease (STD) that is caused by 2 types of viruses – herpes simplex virus type 1 (HSV-1) and herpes simplex virus type 2 (HSV-2). Symptoms of herpes start about 2 to 12 days after exposure to the virus. They may include:

  • Pain or itching around the genitals
  • Small bumps or blisters around the genitals, anus, or mouth
  • Painful ulcers that form when blisters rupture and ooze or bleed
  • Scabs that form as the ulcers heal
  • Painful urination
  • Discharge from the urethra
  • Discharge from the vagina

Is it a Crime to Give Someone Herpes?

A person convicted of intentionally transmitting herpes can face several criminal penalties. Depending on the state laws, the crime is categorized as either a misdemeanor offense or a felony (it also depends on the severity of the case).

Regardless of the state, however, getting convicted for intentional transmission of herpes can make the offender face fines, jail/prison time, and probation.

How Common are Herpes Lawsuits?

Herpes transmission lawsuits are rare because, as stated above, it is difficult to prove a "preponderance of the evidence" -- in other words, that someone "more likely than not" intentionally infected another.

Criminal charges also are rare. Some states specifically outlaw the intentional spread of any STDs. Others criminalize only the intentional spreading of HIV/AIDS because of the disease's serious, life-threatening nature.

Is There a Cure for Herpes?

Unfortunately, there is no cure for genital herpes. However, daily use of antiviral medications can prevent or shorten outbreaks. Antiviral drugs may also reduce the risk of spreading herpes to others.

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FAQs

What must be proven in a herpes transmission lawsuit?

In a herpes transmission lawsuit, you must prove that the defendant knew or should have known about their infection, failed to inform you, and that their actions directly caused your infection.

How do you prove negligence in a herpes transmission case?

To prove negligence, you must show that the defendant had a duty to inform you, breached that duty by failing to disclose their condition, and caused you harm as a result.

What damages can you recover in a herpes transmission lawsuit?

Damages can include medical expenses, pain and suffering, lost wages, and emotional distress. In some cases, punitive damages may also be awarded.

Can you sue someone for herpes transmission if they were asymptomatic?

Yes, you can sue even if the defendant was asymptomatic, provided they knew or should have known about their infection and failed to disclose it.

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Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers focusing on plaintiffs' representation in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.