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I am looking for an Attorney for Cobb County, GA that is a personal injury attorney who specializes in Tort proceedings...

Marietta, GA |

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.

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Attorney answers 6

Best Answer

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.

For more information, contact us at or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.


Check with your local bar association or the Georgia Trial Lawyers Association.


I agree with the advice given you in the prior response. I practice in Cobb County and am also available for a consultation.


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.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


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You have received good advice from the other Avvo lawyers, however, in addition to their comments I stress 2 things: 1) this will be an embarrassing case no matter how you bring it, and 2) it could be very hard to prove the etiology of the disease, ie: where did you catch it?

Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

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