You should speak with an attorney in your area, as this could end up being a very complex case. First, you will need to determine if you have been infected. Second, you will need to verify that he knew he was positive at the time you were having sex. In any event you should speak with a lawyer.
Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in Missouri only.
There is a lawyer in So Cal (San Diego I think) who received a multi-million dollar verdict in this type of case. Do a Google search for herpes or STD and lawsuit and his name should come up. I wish you the best of luck. Please contact a lawyer right away.
The above was not legal advice and cannot be relied on. For informational purposes only. Some of the time periods in which you are legal required to act can be incredibly short, some as short as 6 months. Time is of the essence, do not delay seeking legal advice and pursuing your legal rights. No attorney/client relationship formed.
First you need to confirm medically that you are indeed infected. Then you need to confirm that he was infected during the time you were both together and that you were not with anyone else that may have infected you during that time period. Then you will need to prove that he knew or should have known he was infected and lied to you without regard for your safety, also preventing you from making an informed decision whether to have relations with or without protection. You also need to know whether your former partner is collectable or has any assets that you would be able to collect in the event you obtained a settlement or judgment.
You need to find a personal injury lawyer that deals with cases involving sexually transmitted diseases so they can properly advise you on your legal rights.
You might also contact the police department as it may very well be a criminal offense to knowingly infect someone with a life threatening disease.
Legal disclaimer: This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.