By Shaun Murphy
If you or a loved one is considering a lawsuit because of an STD, please consider these factors first.
1. Type of STD – If the STD is curable, there may be no ground to file a claim. If it is a disease such as HIV, which has no cure, a plaintiff who was infected unknowingly may have the right to sue the person for infecting them. A knowledgeable attorney can help you determine whether you have a case or not.
2. Burden of Proof – The plaintiff in an STD lawsuit must be able to prove that the defendant knew that they had an STD when the sexual encounter occurred. They will also be required to prove that they were completely unaware of the defendant having the STD at the time, and that the defendant was the one who infected them.
3. Statue of Limitations – Legal action for an STD case has to be taken during a set period of time. The time frame usually begins when the plaintiff learns they are infected. But with an STD case, the court can also decide when that time frame begins.
4. Legal Damages – Depending on the type of STD and the medical needs associated with it, plaintiffs can seek monetary compensation for lifelong medical expenses, prescription costs, pain and suffering and emotional damages.
5. Settlement – You may be awarded money for your case through an out-of-court settlement, so that no one has to go to trial. But many cases do go before a judge or jury, in which case damages will be decided there. If you believe you have an STD and it was acquired under deceitful circumstances, please contact our Palm Springs personal injury law firm for more information.