By Shaun Murphy
With the transmission of sexually transmitted diseases continuing on, more and more clients are asking if they can sue a sexual partner for giving them an infection. In truth, the answer varies. Some clients are successful and others are not. Whether or not you may be able to sue often depends on your Palm Springs personal injury law firm.
It is increasingly common to see people filing lawsuits against their ex-partners; however, it is not a simple road. Even a strong Palm Springs personal injury lawyer may find it difficult to prove which partner gave the other the disease. This is especially true when looking at sexually transmitted diseases that often exhibit no symptoms. In addition, these lawsuits can be expensive without offering a solution to the medical problem. Even location can have something to do with it. Conservative judges and juries may rule differently than those in more liberal areas.
We believe that transmission of a sexually transmitted disease is a personal injury, falling under tort law litigation. A court in New York supported this position in the 1990s, claiming that those who contracted STDs had legitimate grounds for demanding compensation. Awareness of diseases like HIV and AIDS has increased awareness of sexually transmitted diseases. Many states have laws regarding disclosure of STD status before sexual intercourse. California is one of these states. Unfortunately for many clients, the law extends only to HIV and AIDS exposure.
As many clients become interested in seeking damages after contracting diseases like HIV, the demand for specific laws is improving the process. More angry victims are coming forward to see that justice is served. In some cases the civil suits are filed under fraud, battery and negligence. A Palm Springs personal injury attorney can help you determine the best way to file your lawsuit.