Three Things You Should Know About Injury Claims For STI's
There are personal injury claims related to sexually transmitted infections (STIs). Below are some of the things you should know about such claims that may be discussed with personal injury lawyers.
There are Two Basic Forms of Lawsuits
The first thing you should know is that there are two basic ways in which an STI can trigger a civil lawsuit; here are them.
STI Infection
STI infection causes both physical and emotional injuries. Thus, if someone infects you with an STI, you can claim damages from them just as you would if someone hit you with a car. Some of the damages you can claim include medical bills, loss of income, and emotional injuries.
Disclosure
You can also sue someone for damages if they disclose your STI infection to other parties. This is because your medical condition is your private information, and no one is supposed to disclose your private information without your permission. In this case, some of the potential damages include counseling costs, pain and suffering, and reputational harm.
You Have Multiple Legal Bases
For you to file a personal injury claim or lawsuit, you must have a legal basis for your claim. In the case of STI related claims, below are some of the legal bases on which you can anchor your claim.
Negligence
Negligence applies if someone accidentally infects you with an STI. This is based on the expectation that anyone who has sexual relations with you must take the necessary steps so as not to infect you with a disease.
Fraud
Fraud refers to deception for personal or monetary gain. Say a sexual partner lies to you that they are free from STIs while, in the real sense, they don't know their infection status. If the person ends up infecting you with an STI, you can use fraud to get compensation for your injuries.
Battery
If the defendant's actions were intentional, then you can use battery to claim your damages. Battery is the intentional touching of another person in an offensive or unwanted manner. Therefore, if someone sexually assaults you and infects you with an STI, you can use battery as a ground for seeking compensation from the perpetrator of the heinous act.
Public Disclosure of Private Facts
The public disclosure of private facts applies when someone intentionally reveals the status of your infection. An example is when your boss discloses your HIV status to your colleagues without your permission.
Lawsuits Mostly Involve Incurable Diseases
The nature of the STI determines the worth of your case. Thus, if the issue involves a relatively benign form of STI that you quickly treat, then your damages may not be high enough to warrant a lawsuit. If the STI is incurable (say HIV or herpes), then your damages may be high enough to be worth filing litigation.
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