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Can I sue or put someone in jail for personal injury?

60660 |

A former boyfriend knowingly gave me an STD (herpes) he admitted transmitting it to two other women and admitted it to me in front of a witness saying " he didn't think it mattered because he thought we, he and I, would be together forever" now he has emotionally and physically done damage to me also physical abuse has been done. I do not have money for a lawyer but I know it can be collected from him, he has personal assets in stocks and he works. Please give me any information I'm am stuck and this person says I can't prove it and he will continue to do this, any Advise would help I'm desperate, I've been turned away and now he's evicting me and my child . He can't be allowed to keep transmitting this.

Attorney Answers 6

  1. You have a civil action as well as possibly a criminal action against this person. File a police report. You should also contact one or more attorneys and hire one. This appears to be the sort of case where the attorney can take your case on a contingency basis, meaning you would not have to pay a retainer up front. Seek attorneys who are experienced in personal injury of this nature. You are fortunate that there are many in your area. If you do not know when he, you can click on the Find a Lawyer link at the top of this page.

    Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.

  2. Yes. In fact I have handled this exact case before. Much depends upon what can be proven via medical records, who knew what when, and other fact issues.

    Whle some lawyers may take such a case in a partial contingency basis, because it involves pursuing an individual, rather than an insurance carrier, collection can be difficult.

    Thus, I'd expect most lawyers would work partly on a fee basis and costs paid in advance at the very least.

    Talk to a lawyer today.

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

  3. The person who transmitted this condition to you, depending upon the particular circumstances, may be liable both civilly and criminally. Please consult with both the local prosecutor's office for the criminal aspect and with a local personal injury lawyer for the civil aspect. Good luck to you.

    I practice in the State of New York and to the extent this question involves the law(s) of other states, my response should be deemed to be educational only and should not be relied upon as legal advice. Even for matters involving New York law, no response should be relied upon as legal advice unless the person asking the question has consulted with me in a direct consultation. (i.e., in-person or by telephone.)

  4. File the police report and then discuss with the State's Attorney. If he pleads guilty or is found guilty in criminal court, a certified copy of that disposition can be filed with the small claims court and the sole question will be how much.

    Your only real option is to come up with a minimum of $3,500.00 retainer and replenish it on some interval. I think that would be foolish. You don't want a big judgment against him because he may decide to file bankruptcy and discharge the judgment. By then you would have spent about $5000.00 (or more) and would never collect a cent.

    Remember that a Court of Law can ONLY give you money. Only a fool litigates in a court of law where there is no reasonable expectation of receiving more than you spend.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

  5. You can report it to the police, and have a local personal injury lawyer investigate whether a lawsuit would be cost effective.

  6. I agree with the answers posted earlier that you can both file criminal charges and pursue a civil claim for damages. Concerning the latter, maintain your course of treatment, secure any medical records you are able (the rest can be secured through the course of representation), be prepared to discuss or even show why it is likely that a judgment can be collected from this individual and schedule a consultation sooner, rather than later.

    The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.

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