By Shaun Murphy
A person infected with a sexually transmitted disease can sometimes bring legal action against the person who infected him or her in the form of an STD lawsuit. However, a person who does this should do some research first to see if it’s even a winnable case.
There are a number of types of STDs that are curable diseases. If this is true about your STDs, your case will not be winnable.
When is an STD Case “Winnable?”
STDs are winnable and there are a number of won cases on the books that prove it. One such case involved an Atlanta Falcons quarterback who was sued by a woman who claimed he infected her with herpes.
The woman had apparently sought his willing aid in dealing with her life-altering problem. After he refused, she turned to a legal solution. In the end, the quarterback admitted wrongdoing and the court awarded the woman an undisclosed amount of money.
The Keys to Winning an STD Case
There are other examples of STD cases that have been won throughout the years.
A pivotal key in all of these cases was the prosecuting lawyer proving that:
A) the defendant either knew or should have known about his or her STDs,
B) the plaintiff did not know about the STDs at the time of the sexual encounter, and
C) the accused was definitely the person who infected the plaintiff.
The incurable diseases, herpes and HIV, are STDs that usually make for a legitimate and legally recognized lawsuit. All of this can be very complicated.
Persons infected with STDs are well advised to consult with a good lawyer who knows about STD cases before deciding whether or not to proceed. If you do decide to proceed, you can sue for all the STD-related costs and pain and suffering in the past and in the future.
You will definitely find our qualified Palm Springs personal injury attorney willing to consult with you about your case.