Category Archives: Sex Torts

A California Tort Attorney Can Help Your STD Claim

How Is California Tort Law Special?

California’s sex tort law is unique in the following ways: the tort action can be successful if the defendant knew or should have known that they had herpes and still engaged in unprotected sex then they can be liable. It is not illegal for a person to keep their sexual activity private, regardless if it’s high-risk or not and regardless of if it’s their spouse they are hiding the information from.

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Have an STD? Is it Your Duty to Disclose?

Do you have an STD? If so, are you wondering if you are legally required to disclose it to your partners? If you live in California, the answer is yes. The law according to California Health and Safety Code 120290 says that knowing you have an infectious or communicable disease means you would be found guilty of intentional transmission if specific actions apply.

These are:

1) If you already know you, or a 3rd party, have an infectious or communicable disease
2) You specifically intend to give the disease to the other person
3) You act in a way that imposes risk of transmitting the disease to the other person
4) You transmit the disease to the other person
5) You expose the disease to the other person who does not know you have the disease

What constitutes negligence?

In order to have this law applied to you, one thing that can be held against you is negligence. This could include neglecting to use a condom, refusing to be diagnosed and treated, not informing a partner, and not practicing abstinence when you know you may be infected.

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Issues In Proving STI Tort Cases

When considering taking legal action after contracting a STI, there are many things to think about. Talking to a legal professional helps to sort through your options on how to move forward. Sometimes these cases are not easy to prove, but with the help of an experienced lawyer, you can have peace of mind knowing if you have a case and how to claim for compensation.

Issues with STI Cases

Contacting one of our experienced Palm Springs sex torts lawyers helps you know if you have a case or not. STI cases are hard to prove because the defendant may not even know they have a STI. Our lawyers would also need to gather evidence to prove that they knew they had it and failed to disclose it or denied they had it to you, the plaintiff. We also must prove that this is the person who transmitted it to you. 

One Way We Can Prove An Existing STI

Proving these allegations can be difficult. When HSV-1/HV-2 is involved, the infected person may not be aware that they transmitted the disease. A person may know they have a STI and have symptoms or been treated. Proving that you, the plaintiff, was disease free before the sexual relationship began can also be hard to prove. A lab test can be good evidence as well as witnesses from previous relationships. Without that, it can be one person’s word against another. 

Damages in Sex Tort Cases

Damages in sex tort cases are comprised of physical and psychological damages. Our experienced Palm Springs sex torts litigation lawyers are aware that sex tort lawsuits can be very intrusive. A person’s privacy can be infringed upon. A person’s background, medical history and sexual history will be investigated. All claims must be filed in a timely manner according to the statute of limitations. 

If you feel you have been infected by someone who knew they were infected, it is essential that you contact our Palm Springs sex torts litigation lawyers as quickly as possible. An attorney will meet with you and review your legal rights.

Facts about Herpes HSV-1 and HSV-2 and Next Steps

Two viruses, herpes simplex 1 (HSV-1) and herpes simplex 2 (HSV-2), can cause genital herpes infection. Although similar, they are not the same. HSV-1 is the most common cause of oral herpes otherwise known as cold sores. HSV-2 is sexually transmitted, otherwise known as genital herpes. Herpes can remain dormant for a long period of time. Even where there are no symptoms, the infected person is still contagious. 

Symptoms of Herpes Simplex 1 and 2

Symptoms of both herpes 1 and 2 are similar where sores, or blisters, filled with fluid appear. Once the fluid is absorbed, the sore scabs over. The infected person is still contagious. HSV-2 results in sores on the genitals, vulva, vagina, anus. It spreads during oral, vaginal or anal sex. 

Risk of Getting Genital Herpes

Risk of contracting genital herpes can be minimized by being in a long term monogamous relationship with a non-infected partner. Using a condom also helps, but it is not always 100% effective. Herpes can be given from parts of the body that the condom does not cover. There is no cure for herpes. There are medications that can prevent, or shorten, outbreaks. 

Next Steps If You’ve Contracted Herpes Unknowingly From A Partner

If you contract herpes from another person, that person may or may not know they have it. 70% of HSV infections are spread unknowingly. No outbreak is visible.

You may want to contact our experienced Palm Springs sex torts attorneys to find out if you are entitled to compensation. Know your legal rights. Don’t wait since there is a statute of limitations to file a law suit. Call now for an appointment.

The Legal Representation Of Sexually Transmitted Diseases

Sexually transmitted diseases (STDs) are a standard public pathological hazard that affects many.
STDs, conjointly referred to as sexually transmitted infections (STIs) effect one in 2 sexually active persons by age twenty-five. Once it involves lawsuits, the cases that often find a presence in court are typically those that involve a significant or life altering infection, like HIV/AIDS, syphilis, and different strains of infectious disease (such as hepatitis B and C, or strains of herpes).

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7 Types of Personal Injury Compensation

If you have been injured by another person’s negligence due to receiving an STD or other sex tort issue, you may entertain the thought of what a personal injury case could be worth. The key to the answer is in the damages incurred. With one of our Palm Springs personal injury attorneys facilitating your case, you’ll need to see what proportion of monetary harm you’ve suffered and mix that together with your physical and emotional trauma as well as pain and suffering. For private injury cases, a victim could receive money for damages that sometimes cover past and future medical bills, lost wages, and sometimes damages for pain and suffering.

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Why Sex Tort Cases Are Hard To Prove

A developing trend in the law would be to allow partners, and sometimes third parties, to recover for the involuntary disease of a sexually transmitted disease. In most sex tort cases, the obligation of the infected party who either knows, should find out, or assumes they were infected with a sexually transmitted disease is either to refrain from sexual conduct with other people, or to warn others of the infection prior to participating in the act.

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STD Transference Can Be a Personal Injury

The rising number of people turning up with STDs is alarming. What’s even more alarming than that is the number of people who claim that their partner did not notify them of a disease. Concealing that information and not telling a lovemaking partner could be deemed a personal injury in the court’s eyes. Continue reading

What Is Tort Law?

Personal injury claims, property damage, and privacy rights are filed under Tort Law. However, it is also important to realize that Tort Laws vary, according to the state issued. 

What Is Personal Injury?

A personal injury might be due to a physical or emotional trauma and are part of Tort Law. It is also interesting to note that Tort Law falls into 3 distinct areas. Continue reading

When Sex Becomes an Offense In Sex Torts

The cherished memories two people may share in the closeness of their most private moments can sometimes be transcendent. Such intimacy involves sensual exchange, close body contact that leads to intense sexual intercourse. When emotions develop and you want to express intimacy in a person, it’s wise to be grounded in sensibility before you do so. Continue reading