Understanding Your Legal Rights: Can You Sue Someone for Giving You an STD?
Discovering that you have contracted a sexually transmitted disease (STD) or sexually transmitted infection (STI) is an emotional and life-altering experience. Beyond the immediate health concerns and medical treatments, many individuals feel a profound sense of betrayal and anger. If a partner was dishonest or reckless about their sexual health, you might find yourself wondering: Can you sue someone for giving you an STD?
The short answer is yes. In the United States, the legal system allows victims to seek compensation through personal injury lawsuits. While no amount of money can undo the diagnosis, a successful legal claim can help cover medical expenses, long-term care, and the emotional distress associated with the condition.
The Legal Basis for STD Lawsuits
When you file a lawsuit against a person for transmitting an infection, you are typically operating under tort law. This branch of law deals with civil wrongs that cause harm to another person. There are several primary legal theories used in these cases:
1. Negligence
Negligence is the most common ground for an STD lawsuit. To prove negligence, you must demonstrate that:
The defendant had a duty to exercise reasonable care (which includes disclosing a known infection).
The defendant breached that duty by failing to inform you or failing to take precautions.
The breach directly caused your infection.
You suffered actual damages (medical bills, pain, and suffering).
2. Battery
In legal terms, battery is the intentional, harmful, or offensive touching of another person without their consent. If a partner knows they have a contagious disease and engages in sexual activity without disclosing it, the "consent" given for the act may be considered invalid. The law views this as an unconsented-to physical contact that resulted in harm.
3. Fraud and Deceit
If a partner explicitly lied about their health status—for example, claiming they were "clean" or had recent negative test results when they knew otherwise—you may have grounds for a fraud claim. This involves a deliberate misrepresentation intended to induce you into a physical relationship.
4. Intentional Infliction of Emotional Distress
In cases where the transmission was particularly malicious or reckless, you might sue for the psychological trauma caused by the defendant's behavior.
High-Value Claims and Compensable Damages
In the world of personal injury, certain STDs are treated with higher clinical and legal severity due to their lifelong impact. Conditions like HIV/AIDS, Genital Herpes (HSV-2), and Human Papillomavirus (HPV) often result in higher settlements or jury awards because they require ongoing medical management and carry significant social stigma.
When pursuing a claim, you can seek "damages" for the following:
Medical Expenses: Costs for testing, doctor visits, antiviral medications, and specialized treatments.
Future Medical Care: For incurable infections, the cost of lifelong suppressive therapy.
Lost Wages: Income lost if the illness or emotional toll prevented you from working.
Pain and Suffering: Compensation for the physical discomfort and the ongoing mental health struggles, such as depression or anxiety.
Punitive Damages: In rare cases of extreme malice, a court may award extra money specifically to punish the wrongdoer.
The Challenges of Proving Your Case
While the law provides a pathway for justice, these cases are notoriously complex. Success depends on the strength of the evidence and the ability to navigate sensitive topics.
Proving "Scienter" (Knowledge)
The biggest hurdle is often proving that the person knew they were infected at the time of the encounter. If the defendant claims they were asymptomatic and unaware of their status, proving negligence becomes much harder. Medical records, past prescriptions, or even testimony from previous partners can be used to establish that they were aware of their diagnosis.
Causation
The defendant’s legal team may argue that you contracted the infection from someone else. This is particularly challenging with infections like Herpes or HPV, which can remain dormant for years. Establishing a clear timeline through medical screenings is essential.
Privacy Concerns
Filing a lawsuit puts your private life into the public record. While attorneys can request "protective orders" or file using pseudonyms (like John or Jane Doe) to protect identities, the process still involves disclosing intimate details of your sexual history during the discovery phase.
Practical Considerations: Can the Defendant Pay?
Before embarking on a legal battle, it is vital to consider the financial reality. Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win. However, even if you win a million-dollar judgment, you can only collect if the defendant has assets.
Homeowners Insurance: Surprisingly, some homeowners or renters insurance policies have historically covered "negligent transmission" of a disease under personal liability sections, though many modern policies now include specific "communicable disease exclusions."
Personal Assets: If the defendant has significant savings, property, or high income, you may be able to collect directly from them.
Steps to Take If You Believe You Have a Claim
If you are considering legal action, taking the right steps early can significantly impact the outcome of your case.
Seek Immediate Medical Attention: Get a formal diagnosis and follow all treatment protocols. Documenting the onset of symptoms is critical.
Preserve Communication: Do not delete text messages, emails, or DMs where the partner admits they had the virus, apologizes, or discusses their health status. These are "smoking gun" evidence in court.
Gather Your Medical History: Collect records showing you were tested or "clear" prior to the relationship, if available.
Consult a Personal Injury Attorney: Look for a lawyer who specializes in "wrongful transmission" or sexual battery. They can provide a confidential evaluation of your case and help determine if a lawsuit is the right path for you.
Protecting Your Future
Contracting an infection through the negligence or deceit of another is a violation of trust and body autonomy. While the medical community has made incredible strides in managing these conditions, the legal system remains a vital tool for holding individuals accountable for their actions.
By pursuing a civil claim, you aren't just seeking money; you are demanding accountability and potentially preventing the same individual from harming others in the future. Legal action empowers survivors to reclaim their narrative and secure the financial resources needed to move forward with confidence and dignity.
If you find yourself in this difficult position, remember that you are not alone, and the law is designed to protect those who have been harmed by the reckless behavior of others. Reach out to a legal professional today to explore your options and start your journey toward justice.