Herpes and other sexually transmitted diseases (STDs) can easily spread between partners. While some STDs present outward symptoms, that’s not always the case.
In these situations, a person could have sexual relations with a person with STDs and not be aware of the danger. However, what can you do if someone gives you herpes, they knew they were infected, and they did not tell you?
What Is Genital Herpes?
Genital herpes is a common sexually transmitted disease (STD). It is caused by the herpes simplex viruses (Type 1 or Type 2; also referred to as HSV-1 and HSV-2). HSV-1 commonly causes cold sores and blisters around the mouth but could result in genital infections. HSV-2 usually causes genital sores, but could also infect the mouth.
Herpes is transmitted through sexual contact with someone who has the disease. If a person has oral herpes, they can transmit infection during oral-genital sex. Once you are infected with herpes, you have the virus in your system for life, which could result in a herpes breakout at any time in the future.
It is important to note that you could be infected with herpes by someone who has no symptoms of herpes. While there are treatments to help with the symptoms and reduce breakouts, there is no cure for herpes.
Am I Legally Required To Tell Someone I Have an STD Like Herpes in Illinois?
You are not legally required to tell someone you have herpes or another sexually transmitted disease. However, you could have a civil duty of care to tell intimate partners that you have been diagnosed with herpes or another STD. Telling an intimate partner you have herpes allows both of you to take precautions to prevent the spread of the infection.
It should be noted that civil and criminal liability is different. If you have questions about bringing criminal charges against the person who gave you herpes or another STD, talk with the police.
Suing Someone for Giving You Herpes or Another STD in Chicago, IL
If a partner had herpes and did not tell you, you might have a civil claim if you develop the disease. A tort is an act or omission that causes harm to another person. Under Illinois tort laws, a person can be held civilly liable if they cause harm or injury to someone because of intentional torts or negligence.
Therefore, you may have a personal injury claim against a person who intentionally gives you herpes. You would need to prove the elements of an intentional tort claim, which would include:
- The person owed you a duty to use reasonable care to avoid causing you harm
- The person knew they were infected with herpes
- The person intended to give you herpes by having sex with you and not telling you about the infection
- You developed herpes as a direct result of having sex with the person
- You sustained damages because of the person’s intentional acts
Under other circumstances, you could have a claim against someone if they acted negligently in giving you herpes. The legal elements of a negligence claim would include:
- The person owed you a duty to use reasonable care to avoid causing you harm
- The person knew or should have reasonably known they could be infected with herpes
- The person breached their duty of care by failing to inform you of the risk you were taking by having sex with them
- The person’s conduct with the direct and proximate cause of your harm
- You developed herpes and sustained damages because of the person’s negligent conduct
In both cases, it can be challenging to prove your case. You must have strong evidence proving the person knew about the STD and either intentionally or negligently caused your injury. If you face this situation, your best step is to contact a Chicago personal injury lawyer immediately to discuss your legal options.
Can I Recover Damages if I Sue Someone for Giving Me Herpes in Illinois?
If you file a lawsuit and prove your case in court, a jury could award damages for your financial losses (economic damages) and your physical injuries, pain and suffering (non-economic damages). Examples of damages could include:
- Past, current, and future medical bills and expenses
- Loss of income and earning capacity
- Mental anguish and emotional distress
- Physical discomfort and pain
- Out-of-pocket expenses
- Loss of enjoyment of and quality of life
- Sustaining a permanent disease
A jury may also award punitive damages if the defendant acted with intent, fraud, or willful and wanton conduct. If you have questions about suing someone for giving you herpes, call our personal injury lawyers for a free consultation.
Contact the Chicago Personal Injury Law Firm of Zayed Law Offices Personal Injury Attorneys for Help Today
For more information, please contact the experienced Chicago personal injury lawyers at Zayed Law Offices Personal Injury Attorneys today. We offer free consultations.
We proudly serve Cook County, Will County, Kendall County, and its surrounding areas:
Zayed Law Offices Personal Injury Attorneys – Chicago Office
10 S La Salle St STE 1230, Chicago, IL 60603
(312) 726-1616
Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
(815) 726-1616
