Can I sue or put someone in jail for knowingly infecting my kid with the herpes virus?
3 attorney answers
It's a criminal offense. Make a police report.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
While the law technically would allow for a lawsuit and/or criminal charges, the likelihood of either is almost nil based on real-world facts. It all comes down to the facts and what of those facts that can actually be proved. Most likely you're getting only one side of the story. In the end, your son made a choice and lives with the consequences.
If your son is over 18, you are not an involved party and have no legal standing to be involved and can't sue anyone.
If your son is a minor child then you may be able to sue, depending on all the details you left out---speak to a local personal injury attorney ASAP and consider notification of police as knowingly passing such a disease may be a criminal act in your state.
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