STDs are most common in individuals between 15 and 24 years of age. Certain minorities are more affected such as gonorrhea is 18 times more common in African Americans than in whites. In addition, women suffer health consequences of a more severe nature.
The Burden of Proof
To have a successful STD lawsuit the plaintiff must prove the defendant knew they had an STD. They must also prove the plaintiff was unaware the defendant had an STD during the sexual encounter. Finally, the plaintiff must prove they were infected with the STD by the defendant.
The Types of STDs In Regard To Lawsuits
If an individual has been infected with an STD that is curable, they probably do not have a case. Diseases such as HIV and herpes are incurable and cause a lot of damage. For these types of diseases an attorney can help determine your rights.
In civil cases monetary compensation for future and past losses may be pursued. The treatment for a lifetime condition including medication may be pursued for serious STDs. This includes punitive damages, emotional damages, suffering and pain.
The Statute of Limitations
The court decides whether the statute of limitations begins when the STD was first transmitted, when symptoms developed or at the time of diagnosis. Any compensation may be lost if do not act quickly.
Settlement Versus Trial
In a settlement the defendant agrees to pay for the damages. In a trial the decision is made by a jury or a judge. Most personal injury cases involving STDs settle out of a courtroom.
Your Legal Rights
If you feel you have an STD that was wrongfully transmitted contacting a Palm Springs personal injury lawyer is necessary so you can learn about your options and rights. A qualified STD attorney will provide you with the respect, attention and care you deserve.
