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A guy i was dating gave me an STD, herpes, can i press charges?

Malibu, CA |

We were dating for awhile startde having protected sex, and a few months into it we stopped using them. We had talked about STDs before and we both had stated we were clean. We were only sleeping with eachother as well. Then i found out i had it, and then i asked him, and he said he didnt have it. I knew i was clean before we started dating, So i know it has to be him. Can i sue him or subpoena medical records to find out for sure if he had first? I'm just trying to figure out what i can actually do to this guy to make up for what i have now. If there is anything i can do. Help????

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Attorney answers 3

Posted

You can sue him for infecfting you. You will have to sue him and THEN subpoena his medical records to have the proof, so be sure before you leap.

Posted

Keep in mind that filing a lawsuit means there will be a public record at the courthouse revealing some very private details. Unless he has a lot of money, you're likely to spend more suing him than you would get if you won the case.

The "no fees unless we win your case" personal injury attorneys are looking for clear liability, large damages that can be proven, and a defendant who can afford to pay. This is the kind of case where most lawyers would want their fees up front, as would the necessary medical experts.

Posted

You might also want to consider just hiring an investigator first - sometimes they can find out if the person had an STD by discreetly interviewing prior partners.

Also, I agree with attorney Marshall about the public records. I've been involved in a few of these cases where the party to be sued didn't want it made public record so they settled early, especially in a small community.

Just be careful and make sure you can prove that he had it before, he knew about it, and that you (as being extra conservative) can prove you didn't have it before.

This is just general information. Not specific advice - I'd have to actually sit down talk and ask questions for specific advice - the above is just how we handled cases like this before.

Good luck with your situation.

Matthew Williamson
Monterey, California

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