how much is an attorney for a std law suit

How can I sue someone for giving me an STD?

Nov 04, 2021 · In addition, fines may be imposed for a conviction of knowingly transmitting an STD. /in most states, the fines for transmitting an STD usually range from $1,000 to $10,000. Other penalties may include being required to make restitution payments or being required to register as a sex offender.

Can STD’s lead to lawsuits?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-03-21_13-03-58. The transmission of a sexually transmitted disease can result in both civil and criminal liability depending upon the law of the jurisdiction in which the incident occurs. Although by no means uncommon, sexually transmitted diseases are an intensely personal and often ...

Do I have to disclose an STD to my lawyer?

Call for help. 833-890-0666. Free no obligation consult with a lawyer. master:2022-04-13_09-33-18. When it comes to suing someone over sexually transmitted diseases, there are essentially two different kinds of legal action: lawsuits based on when one person (the defendant) infects another person (the plaintiff), and lawsuits based on the ...

Can you be charged for infecting someone with an STD?

These may help you to know you have found the right attorney to handle your sensitive and complex legal case for STD transmission. Contact Rivers. or Call for a Free, Private and Confidential Consultation Today (949)305-1400 . ... it is possible to file a lawsuit and win. I have done so on behalf of numerous clients.

Could you sue someone for giving you an STD?

The answer is yes; you can sue someone for sexual battery no matter what STD was passed on. Sexual battery means sexual contact was made towards another individual without their consent. In the case of STDs, a battery case could be made since the known risk of contracting an STD was non-consensual.

What happens if someone lies about having an STD?

If the transmission came from nonconsensual sex, it can be a civil battery. It can be a negligence claim if the infected person lied about having an STD or should have known about the infection but did not use due care to avoid transmitting it. All of these lawsuits would seek financial compensation.Jul 8, 2021

Can I sue someone for giving me chlamydia?

Can You Sue Someone For Giving You An STD in California? Yes. In California, it is against the law for a person to infect a sexual partner with a sexually transmitted disease (STD).

Is transmitting an STD a crime?

Transmitting an STD can be a crime in California. It is prohibited by California Health and Safety Code 120290. People who know they are infected with an STD can be liable if they intentionally infect someone else. They can also be held liable if they got a third party to transmit their STD to someone else.

How to prove liability in a lawsuit?

A: In any lawsuit, your lawyer will need to prove liability by showing that your sexual partner knew or should have known they had an STD or STI and acted negligently when they failed to disclose their status.

Why do people use gag orders?

However, these “gag orders” can also be used for more nefarious reasons, such as to keep victims from talking after they accept a settlement for a sexual harassment, assault, or STD claim, particularly when their claim was against a high-profile individual.

How long does it take for HSV to show up in blood?

Sometimes, it can take up to 100 days for the human body to produce HSV antibodies after contraction.

Can herpes cause HIV?

A: Genital ulcerative disease caused by herpes makes it easier to transmit and acquire HIV infection sexually. There is an estimated 2-to-4-fold increased risk of acquiring HIV, if individuals with genital herpes infection are genitally exposed to HIV.

What is a non disclosure agreement?

A: A non-disclosure agreement, commonly referred to as an NDA or confidentiality agreement (CA), is a tool commonly used to prevent certain facts from leaking out into the wider world. However, these “gag orders” can also be used for more nefarious reasons, such as to keep victims from talking after they accept a settlement for a sexual harassment, assault, or STD claim, particularly when their claim was against a high-profile individual. The enforceability of an NDA is very complicated and needs to be carefully analyzed and evaluated by a seasoned professional. If you are subject to an NDA and have questions regarding your Rights and obligations, please contact KMD Law at once.. Sometimes it is worth the risk. Call (833) 456-3529 to discuss your legal options.

Can you sue someone for a STD?

A: No, a lawsuit may be filed for the negligent spreading of any STD or STI. Our Los Angeles STD attorney handles cases for victims who contracted AIDS or HIV, chronic hepatitis B (HBV), herpes, cervical cancer resulting from human papillomavirus (HPV), and more.

Can a negative antibody test rule out infection?

A: Not necessarily. A negative result does not rule out infection, because the specimen may have been collected before antibodies in the blood have reached detectable levels. This assay can detect HSV IgG antibodies as early as 3 weeks after the onset of symptoms. However, people seroconvert at different rates, and some do not seroconvert for 6 months or longer.

How long is a STD in jail?

Jail Time and Fines: A conviction for knowingly transmitting an STD may result in jail time of up to one year for a misdemeanor charge, or even up to life in prison for a felony charge.

What to do if you have a STD?

Thus, if you have contracted an STD, you should immediately consult with a well qualified and knowledgeable personal injury attorney. They can evaluate your case and advise you of your best options for proceeding with your claim.

What is the disease that affects both men and women?

There are also antibiotic-resistant strains in circulation; HIV: A retrovirus that can also affect both men and women, it causes Acquired Immune Deficiency Syndrome, AIDS, a disease which compromises a person’s immune system, making them more susceptible to other illnesses.

What causes cervical cancer in women?

Almost all cases of cervical cancer in women are caused by the papillomavirus; Hepatitis C: Hepatitis C is a viral infection that can lead to serious liver damage; and. Pelvic Inflammatory Disease : a bacterial infection of the female reproductive organs..

Is Chlamydia trachomatis a bacterial infection?

Chlamydia trachomatis: also a bacterial disease that affects both men and women and can be difficult to detect, but is treatable with antibiotics; Genital Herpes Virus: this is an infection of the herpes simplex virus. There is no known cure, although a vaccine to prevent it is available;

What are some examples of bacterial infections?

Examples are: Gonorrhea: a bacterial infection that can affect both men and women; gonorrhea can be cured with antibiotics, however there are antibiotic-resistant strains in circulation that cannot be cured with the use of know antibiotics; Syphilis: also a bacterial infection that can affect both men and women.

Can you be held liable for emotional distress?

A person may recover from such emotional distress and hold the other person liable, if the other person, by extreme and outrageous conduct, intentionally or recklessly caused them severe emotional distress. Many courts have rules that the conduct of transmitting an STD may rise to the level of such extreme conduct.

What is negligence in medical?

Causing harm to another, in a careless or reckless manner, is negligence. To be liable for negligence, a person must have a duty and must breach that duty in some way, which in turn must cause damage to the person or property of another. In general, we all have a duty to act in a non-negligent manner. In the case of STDs, this means that infected individuals have a duty not to spread the disease, or conceal it from others. Learn more about proving negligence in an injury lawsuit.

What is civil battery?

Civil battery is the intentional harmful touching of another, causing injury or damage. So, if one individual willfully and intentionally has sexual relations with another with the intent of passing on an STD, it is very likely that battery has occurred, and that civil liability could follow.

Can STDs be sued?

Another area in which STDs can result in lawsuits is the area of privacy. Medical information is, in most cases, considered confidential and may only be released with explicit permission of the affected individual. To reveal the existence of a STD without the infected individual's permission can result in lawsuits based on theories of intentional infliction of emotional and/or negligence.

Can you be charged with a crime for infecting another person with an STD?

In some states, a person who knowingly infects another with an STD can be charged with a crime. The life-threatening nature of HIV/AIDS gave rise to many of these laws, which were not passed without controversy.

Can you prove negligence in a lawsuit?

Learn more about proving negligence in an injury lawsuit. Spreading an STD can result in a lawsuit claiming negligence. A negligence suit does not take intent into account, so the fact that the individual spreads the STD unintentionally is not a defense.

What is fraud cause of action?

A fraud cause of action is possible where the defendant knew he or she had, or was likely to have, an STD, but hid that information from the plaintiff in order to have intercourse.

What is negligence cause of action?

Under a negligence cause of action, the plaintiff must prove that the defendant owed a duty to the plaintiff and that the defendant knew or should have known that he or she had an STD that was likely to be passed on to the plaintiff.

Can you disclose your HIV status?

Disclosing a plaintiff's HIV status is specifically addressed by statute in most states. In general , disclosure of another's HIV status is strictly prohibited, with narrow exceptions like medical procedures and court cases.

Can a criminal conviction be used as evidence of a civil case?

If a defendant is convicted in a criminal trial, the plaintiff in a civil trial might be able to use the criminal conviction as evidence of the defendant's liability. Note that a criminal conviction alone will usually not entitle the victim to money damages.

Hear From Two Actual Clients About Their Journey Through STD Transmission

These are genuine real life clients (not actors) who wanted to share their stories to help others who are facing questions regarding STD transmission, and why it is important to seek help. You might need to “un mute” the volume at the bottom of the video during playback:

An Experienced Wrongful STD Transmission Attorney

Hear from Rivers Morrell personally about his work with those who are facing questions regarding STD transmission, and why it is important to seek help. You might need to “un mute” the volume at the bottom of the video during playback:

Contact a Lawyer With a Proven Track Record of Success in California Herpes and STD Transmission Cases

You do not have much time to take action after discovering that you have been given herpes or another STD by a sexual partner. There is a statute of limitations in place which limits how long you have to file a lawsuit after the encounter took place and/or you learned about the condition.

Who sued Rock Hudson?

HIV/AIDS#N#-Marc Christian MacGinnis sued the famous actor Rock Hudson's estate after Hudson died of AIDS. MacGinnis claimed that Hudson knowingly exposed him to the HIV virus, even though he didn't contract it. He won the lawsuit for a little under $6 million. The fact that Hudson didn't publicly acknowledge his disease for a year while Christian was with him may have played a role.

Did Charlie Sheen have HIV?

Actor Charlie Sheen went public on Tuesday, Nov. 17, 2015 about his health dilemma. Despite the fact that he has known that he was HIV positive for over a year, he allegedly continued relations with other people. Some of his partners are claiming the he failed to inform them of his status. Others are gearing up for a law suit. If you contracted an STD or HIV from someone who withheld the fact that they were infected, you have the right to take legal action.