Sexually transmitted diseases, also known as STD’s, are a problem that has caused difficulties for a lot of individuals. Some are painful, but curable, while others are life threatening. Compensation is possible with a lawsuit for personal injury. Proof must be legally offered that the defendant was aware they were causing injury.
The Legalities of STD Transmission
If you have an STD you can usually sue, provided you are both located inside of the same country. Difficulties arise if the incident occurred in a different country or state. An attorney can help you in difficult cases depending on the factors. To establish fault, the responsibility of the defendant has to be established.
If the suit is for negligence, proof must be met that the defendant did not follow a duty of care or take the steps a reasonable individual would. Proof must also be given that were it not for the defendant, the victim would not have sustained any injuries.
Types Of Lawsuits
The cases that can usually be seen in court are for incredibly serious infections such as syphilis, hepatitis and AIDS. Herpes can also be classified as serious because it is chronic.
Proving Negligence
All negligence cases require proof from the plaintiff and evidence must be considered admissible. With the high number of individuals who have an STD, proving who caused your infection can be hard to do. An order from the court can help ascertain how you got the STD.
Proving Intent
Usually, proof the infection was deliberate is required. If they already knew they had the infection and did not reveal the information, you still have to prove it. Often a reasonable doubt still exists and the jury will not convict.
Intent and negligence are completely different in a court. Forgetting to tell someone they have an STD is negligence. Deliberately keeping the information from another individual is intent. The amount awarded for negligence is usually a lot less than it is for intent. If you have contracted an STD, contact a Coachella Valley personal injury attorney for a consultation.
