If you got herpes from someone you may feel like filing suit against the person. You may be wondering if you can win your case and get a lot of money in damages. Well you can file suit against the person and you might win, but you can't count on getting a lot of money. This article will explain why it may not be advisable to go to court.
This is what can happen: You file suit and depending on the circumstances, and court and laws in your area, 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 stranger is inherently risky, both participants assumed the risk of catching a disease. Some courts have suggested that each partner has an obligation to ask the other partner specific questions about disease, and that a failure to ask precludes a lawsuit. But usually the law favours the person who catches the sexually transmitted disease from a partner who knew that he or she was infected, but did not volunteer the fact.
If you do go to court, remember that courts are open to the public, and that everyone will know you have herpes. Would you be OK with that? Before court, the person may admit they had herpes and you must have gotten it from them. However, in court, that person may lie and say that you gave them herpes. Could this happen? Well, it has. People change when they get in court, especially if there is a lot of money involved, or even a modest amount of money involved. You might be able to get medical records that prove the person had herpes before you had sex, but you might not be able to get such proof. It is because the person may have been tested at an STD clinic where you do not have to give your last name, or with a doctor, using a false name. The defendants lawyer will ask all kinds of questions about your sexual history, such as how many partners you have had, and when. You may then have to prove that you did not get herpes from any of them, and this may not be easy to do. It is possible that you can win, and be awarded monetary damages, but now you are aware of what might be involved in winning.
The other possibility 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 during the proceedings. This is a big bluff, and something you should consider very carefully before spending money on a lawyer. You can get a lawyer to represent you easily enough for this, who may tell you will win for sure. But nothing is for sure, and the lawyer will charge you whether you win or lose.
This article is based on research I have done, but I am not a lawyer, and this should not be taken as legal advice. But I hope it has alerted you to some of what might be involved if you decide you want to take someone to court over herpes.
No comments:
Post a Comment