Personal Injury Litigation On STD: How To Prove Liability

Today, there’s an increasingly growing demand for Palm Springs personal injury lawyers specializing in STD litigation. The success of any supposed STD lawsuit depends heavily on several key factors. It definitely won’t be a trivial process. In fact, it’ll pose a series of obstructions, but with the right legal powerhouse for defense, justice is imminent.

Identifying the Carrier

PI (Personal Injury) attorneys representing STD patients who have had multiple partners face the toughest challenges. Strange enough, finding the primary carrier of the virus isn’t always the easiest undertaking. Furthermore, it’s common for STD patients to continue life normally and undiagnosed, until the symptoms escalate. That said, tracing past sex partners won’t always produce guaranteed results.

For the law to favor the plaintiff in a controversial STD lawsuit, adequate proof must be presented. Otherwise, you’ll fail to bring the perpetrator to justice. For an STD carrier to be held liable for compromising your health; there must be constructive or actual notice linking him or her to the incident. If this person intentionally failed to disclose a positive STD status before having intercourse with you, then you’re entitled to compensatory protection.

It’s been studied that many STD patients choose not to disclose their status to avoid discrimination. It doesn’t help to ignore the problem as this is giving the perpetrator automatic consent to continue infecting others. With a trusted lawyer who respects your privacy, you can easily move forward with an investigation. While it’s a complex lawsuit, you can reach an agreeable outcome with the right PI attorney.

How can you correctly sue an STD carrier who has infected you?

You can hire a board-certified Palm Springs personal injury lawyer to sue someone who has infected you with an STD. If the person had no prior notice of an STD infection, going forward with litigation is slightly unreasonable. Sadly, your chance of winning this lawsuit is extremely slim.

The courts demand a formal notice, be it constructive or actual. Someone who’s medicated for STD has actual notice of their status. That said, he or she shouldn’t engage in sexual activities, without disclosing this information to the partner. By comparison, someone who suspect signs of an STD infection has constructive notice. The way forward is for him or her to seek professional care and urgent treatment.

Recoverable damages on STD claims can be substantial depending on the severity of the infection. STD viruses like HPV and HSV attract a higher compensation compared common Chlamydia and Gonorrhea. The causes of legal action can range from fraudulent concealment, negligence, intentional misrepresentation, sexual battery, among other claims.

Comments are closed.

Coachella Valley

Palm Springs
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
Indian Wells
74785 Hwy 111, Ste. 105
Indian Wells, CA 92210
Costa Mesa
650 Town Center Drive, Ste. 1400
Costa Mesa, CA 92626
SBEMP Attorneys LLP