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.
Do I Have a Case? Self-Assessment Tool
If you are considering suing for herpes transmission, evaluating your situation can help determine if you have a legal claim.
The following are key factors that could strengthen your case:
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Knowledge of Infection – If the person who transmitted herpes to you knew or should have known they were infected but failed to disclose it, you may have a valid claim. Proof can include medical records, past statements, or messages confirming their awareness.
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Failure to Disclose – If the individual did not inform you about their herpes status before sexual contact, this could be considered negligence or fraud, especially if they intentionally concealed the truth or downplayed the risks.
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Medical Diagnosis and Timeline – Having a clear medical diagnosis with test results confirming when you contracted herpes can be crucial evidence. If you can establish that you were not previously infected before the encounter, this strengthens your case.
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Evidence Linking Transmission to the Person – Legal claims are stronger when there is direct evidence, such as text messages, emails, or witness testimony, indicating that the defendant either knew about their infection or admitted to it after transmission.
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Financial or Emotional Impact – If herpes has resulted in medical expenses, emotional distress, lost wages, or other damages, you may be entitled to compensation. Courts consider both financial losses and the long-term psychological effects of the diagnosis.
What to Do Next
- If you meet most or all of these criteria, you may have a strong case, and consulting with an attorney is recommended.
- If your answers are mixed, gathering more evidence can help strengthen your claim. Speaking with a legal professional can provide clarity.
- If you lack proof of transmission, disclosure failure, or damages, pursuing a lawsuit may be challenging, but an attorney can still help assess your legal options.
For a free case evaluation, consider reaching out to a personal injury or STD transmission lawyer to explore your next steps.
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.
Being infected with herpes by a partner can feel devastating both physically and emotionally. Understanding your legal options is an important step toward finding closure.
What Must Be Proven in a Herpes Transmission Lawsuit?
A herpes transmission lawsuit requires clear evidence that the defendant knowingly exposed someone to the virus without proper disclosure.
To succeed in such a case, the plaintiff must establish the following key elements:
1. Knowledge of Infection
The plaintiff must prove that the defendant knew or should have known they were infected with herpes.
This can be demonstrated through:
- Medical records showing a prior diagnosis.
- Text messages, emails, or conversations where the defendant acknowledged their condition.
- Testimony from past partners who were also infected.
2. Failure to Disclose
The lawsuit must show that the defendant did not inform the plaintiff about their infection before engaging in sexual activity.
This can include:
- Lack of verbal or written disclosure before intimacy.
- Efforts to conceal symptoms or avoid testing.
3. Direct Causation
The plaintiff must prove that they contracted herpes from the defendant, rather than from another source.
This typically requires:
- Medical testing and records confirming the timing of infection.
- Comparison of strains (if available) to show a match between the defendant’s and plaintiff’s infections.
- Statements from medical experts affirming the likelihood of transmission from the defendant.
4. Intent or Negligence
The defendant’s actions must be intentional or negligent in exposing the plaintiff to herpes.
Courts may look at:
- Whether the defendant knowingly engaged in unprotected sex despite their diagnosis.
- Whether they downplayed symptoms or misrepresented their health status.
5. Damages Suffered
The plaintiff must prove they suffered harm due to the transmission.
This can include:
- Physical pain, recurring outbreaks, or medical expenses.
- Emotional distress and psychological impact of a lifelong infection.
- Loss of relationships, career impact, or financial burdens related to medical care.
A successful herpes transmission lawsuit requires strong evidence and legal guidance. If you believe you were infected due to another person's failure to disclose, consulting with an attorney can help determine the strength of your case.
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.
Legal Options for Herpes Transmission: What You Need to Know
Discovering that you have herpes can be overwhelming, but understanding your rights and legal options can help you navigate the situation.
If you believe someone knowingly transmitted the virus to you without disclosure, you may have grounds for legal action. This guide breaks down the steps involved, from understanding the infection to pursuing a lawsuit.
Step 1: Understanding Your Diagnosis and Legal Rights
If you've just been diagnosed with herpes, it’s important to educate yourself about the condition and how transmission occurs. This knowledge can help determine if legal action is an option.
- What is Herpes? Herpes is a lifelong viral infection caused by the herpes simplex virus (HSV), with two common strains: HSV-1 (oral herpes) and HSV-2 (genital herpes).
- How is it Transmitted? The virus spreads through direct skin-to-skin contact, even when no symptoms are present.
- Do You Have Legal Options? If the person who infected you knew or should have known they had herpes but failed to disclose their status, they may be legally liable for transmission.
Many people are unaware that herpes transmission lawsuits exist, but several states allow legal claims for cases involving deception, negligence, or fraud.
Step 2: Deciding Whether to Take Legal Action
If you suspect that someone knowingly infected you, you may be considering legal action. There are several key factors to evaluate before moving forward.
- Do You Have a Valid Case? Lawsuits are typically based on negligence or fraud. If the person failed to disclose their status, misled you, or knowingly engaged in unprotected sex, they may be liable.
- Are Criminal Charges Possible? In some states, knowingly transmitting herpes without disclosure is a crime, which could result in criminal penalties in addition to civil lawsuits.
- What Challenges Might You Face? Proving who transmitted the virus and whether they knew their status can be difficult, making legal representation essential.
- What Compensation Can You Seek? Victims may be entitled to damages for medical expenses, emotional distress, lost wages, and pain and suffering.
Legal cases can be complex and emotionally taxing, so weighing the potential benefits versus challenges is important before proceeding.
Step 3: Taking Legal Action
If you decide to pursue a lawsuit, the process involves gathering evidence, hiring an attorney, and understanding potential outcomes.
- Find an Experienced Lawyer – A legal professional familiar with personal injury or STD transmission cases can help assess your claim and guide you through the legal process.
- Collect Strong Evidence – Medical records, past conversations, test results, and witness testimony can help establish when and how you were infected.
- Understand Legal Costs – Lawsuits can be expensive, and attorneys may charge fees upfront or work on contingency, meaning they only get paid if you win.
- What Are the Possible Outcomes? – Some herpes transmission lawsuits have resulted in significant settlements, including $900,000 to $6.7 million in damages, but results vary by case.
Acting quickly is crucial, as statutes of limitations restrict how long you have to file a lawsuit. Pursuing legal action is a serious decision that requires considering the emotional, financial, and legal aspects of the case.
While some plaintiffs have won substantial settlements, litigation can be lengthy and challenging. Seeking legal advice early can help determine the best course of action for your situation.
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FAQs
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.
See all related personal injury lawsuits our attorneys covered so far.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is a team of experienced trial lawyers dedicated to representing plaintiffs in lawsuits. We handle individual litigation nationwide and are actively reviewing new legal challenges in all 50 states.
If you or a loved one has been affected by a legal matter related to these issues, contact Schmidt & Clark, LLP for a free case evaluation. While we may not take on every case directly, we can offer guidance, referrals, or resources to help you explore your legal options.
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