For many people, sexually transmitted diseases are one of life’s biggest trials. These permanent illnesses affect people’s health, social life, and ability to sustain romantic relationships in the future. These diseases normally obtained through sexual encounters without adequate protection. If your partner failed to tell you that he or she had a sexually transmitted disease until after intimacy, and you contract that illness, then you have the express right to sue your partner for failing to disclose this information or take special precautions so that you would not be affected by his or her illness.

According to the law, victims of sexually transmittable diseases often did not know that their partner was infected when they chose to be intimate. When a partner denies or fails to expose his or her STD, some states consider this a criminal offense. You will want to check with your state laws to determine how they handle this issue. For example, in California you are required by law to tell your current and past sexual partners if you test positive for a sexually transmitted disease. In New York, you can sue upon discovering that your partner has an STD simply on the grounds that it was an embarrassing and emotional discovery. This is because most partners would not consent to sex if they knew that their partner had a disease. Therefore, a person has the duty to warn about an STD before sex. In some states, having sex with the full knowledge that you could transmit an STD to your partner can be considered battery.

If a person knowingly lies about having an STD, then in Massachusetts that offender can be sued for intentional infliction of emotional distress. In some states, you will need to go through detailed processes to prove that you were wronged as a result of the sexual encounter. In Tennessee, a plaintiff needs to prove that he or she couldn’t have known or had no reason to know that his or her partner had an STD. Then the plaintiff will need to prove that the defendant knew or should have known that he or she had a sexually transmitted disease.

Then, the plaintiff needs to prove that he or she didn’t get the STD from anyone else. This often means that plaintiffs are required to disclose their sexual history to the court, which can be embarrassing. In Texas, if your spouse cheats on you, receives an STD, and then transmits that illness to you, you can also sue. In this state, you can litigate for an “offensive contact” charge, which does not require injury. If you receive an STD, then you can sue even your spouse for battery. In California, any person that is afflicted with any contagious, infectious, or communicable disease and willfully exposes his or herself to another is guilty of a misdemeanor.

The most common sexually transmitted diseases that are brought into lawsuits are herpes and HIV. Herpes is a sexually transmitted condition that does not present visible symptoms, but always remains contagious. While the illness is not life threatening unless experienced by someone with an immune system deficiency, the sickness is still embarrassing. Millions of Americans are shamed by the emotional and psychological stigma associated with Herpes. HIV is an immune deficiency that can be deadly. If you obtain HIV because of sexual contact, then you should start a lawsuit. You should hold your offender liable for infecting you with a horrific illness. Talk to a personal injury lawyer today to discuss your case and decide whether or not you should seek damages for your injuries and your partner’s lack of disclosure.