Near the end of my 20 year marriage my spouse had an affair/still involved with this person.
Through his negligence, deceitfulness and infidelity I contracted Herpes Complex 2 from him just after I filed for divorce. My divorce attorney suggested I carry through with a tort action suit. We do have proof of his infidelity.
At the first sign of the outbreak I was tested positive. At deposition six months later he stated that he was tested positive. This has brought strain between my children, especially my son, he is now scared to allow me to kiss him, drink from the same glass, etc...and will affect any future relationship I may have or now, may not have due to disclosing this information as a descent person should do.
I'm sorry this happened to you, and I can imagine how difficult it is to have to deal with the divorce, infidelity, and now this disease on top of everything else. There are are a couple of theories under which you could bring suit, and each have pros and cons that depend upon the specific facts of the situation. You could bring a claim under the theory of "battery" which, in a nutshell, means you would not have consented to having sex with him had you known he was infected. The other theory is the straight negligence theory, which revolves around whether a reasonable person in his condition would have behaved the same as he behaved. You can also take a combined, or alternative theory approach, essentially arguing both, and allowing the jury to decide.
These are not the easiest claims to prosecute because the epidemiology of the infection is not always obvious. It is also important to know whether the other party has any assets against which any potential judgment could be enforced.
Having said that, my office is just across Cobb County near Cumberland Mall, and I live in East Cobb and would be happy to discuss this claim with you and help you understand your options. Ordinarily, we attorneys post on Avvo to provide information, but in this case, since you posted you were specifically looking for an attorney in your area who handles personal injury claims of this nature, I wanted to specifically respond in kind.
Best of luck to you regardless of whatever you decide to do, and hopefully over time and with some education you can re-establish your relationship with your son.
Potentially, this can be sought in the divorce itself as a separate count, or as a separate suit, but since divorce settlements may preclude future claims, any case should be commenced before the end of the divorce. Several Cobb lawyers have answered you and you may wish to follow up with them.
Get free answers from experienced attorneys.
25,176 answers this week
2,663 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary