Herpes Tort Attorney in California
Contracting herpes can be emotionally stressful. Also, it can be physically discomforting at times during the individual's lifetime. Furthermore, they can have re-occurrences of the physical pain continuously. But the emotional issues can persist for a lifetime. Still worse, this can be embarrassing and humiliating. Explaining it to future potential sexual partners is not easy. Simply put, it is something a single victim often struggles in dealing with.
Because of this, you may have to limit your ability in sex partners. So even your choice in spouse or friends with benefits become limited. Although you can take medications to put the condition into remission, it will never go away. Hence, it is not a curable condition. Of particular concern, even during periods of remission, there may be symptoms.
Suing for Herpes is a Recent Phenomenon.
Until recently, most lawyers didn’t even really think that a victim could sue. Such victims like a boyfriend, girlfriend, or wife had unknown legal recourse. But now courts say they do have rights to compensation. A few smart lawyers led the way. So now victims are suing more and more. Of course, some sexual behavior is self-destructive. Of particular interest, that goes uncompensated. Don't expect money for diseases caught during sex in a public restroom. For example, if you contract herpes while riding a Los Angeles Metro bus, you probably did not vet your sex partner(s).
Conversely, porn workers may get covered for Herpes under California workman’s comp. They are even required to use condoms now. So naturally, California is losing the porn industry as well as many others. But despite crushing regulations, a few soft porn producers remain. So those few porn businesses that did not leave for Vegas are subject to CA employment laws.
Also, these sex workers have rights to sue defendants directly. So if you contracted Herpes from someone close to you, they might have concealed it. Hence, you may have several civil tort claims. Because of this, you may also have many criminal claims. So perhaps the State even has a criminal case against that defendant for battery. But it could be some other circumstances. Often it will be rife with amusing and embarrassing allegations. And these listed in the charging document. So victims usually ask their names get alleged as a "DOE" victim or plaintiff. So don't assume you will be a public spectacle. Instead, get a lawyer!
The Emotional Shock of Being Diagnosed with an STD like Herpes is Transformational & Compensable.
When people get infected with herpes or other incurable STD, you have rights. So if you got infected by a sexual partner or spouse, you should read this. Civilly, they have rights to get compensated for expenses and emotional distress. Also, it may be possible they get awarded punitive damages. Passing on an STD to a sexual partner or spouse is something that cannot become undone. And often it gets called “the gift that keeps on giving.”
The Ehline Law Firm provides expert legal representation for domestic torts. Mostly, it involves the transmission of STD's. So we assist victims unlawfully infected herpes, HIV, invasions of privacy, and physical violence. Our seasoned lawyers will aggressively litigate on behalf of the client (spouse or partner). Also, anyone suffering irreparable harm is a potential victim. Hence, if you contracted this from intentional or negligent acts, you're a potential client.
Hence, when you have gotten hurt in this manner by someone else’s actions you call us. Don't continue to suffer the emotional and physical distress, along with the financial loss. You must call the compassionate attorneys at Ehline Law Firm. Why not discuss your case with one of our accomplished legal experts? Go ahead and call them toll-free at (888) 400-9721 now!
Domestic Tort Laws can become Complicated.
Domestic tort law's foundation comes from old common law principles. So case law is still emerging to help modernize the legal principles. For legal actions to be successful, it takes a superior legal advocate. This expert can analyze and prepare a claim that is convincing. And the good news is there have been cases in California involving herpes tort legal actions. Many have been successful. Also, there have been cases that were victorious in some other states.
These cases, in most instances, had unique circumstances and legal issues. But usually, each instance does have unique circumstances. Hence, an experienced lawyer can define legal matters. So they can often make the case valid under domestic tort law. Most of all, this is what victims need to be triumphant in court.
The basic premise for cases that involve exceptional circumstances and legal concerns include:
- In the state of California, domestic tort law actions have limited success. To be triumphant, the defendant must have had “constructive knowledge.” So defendants must have known their actions could cause harm to their sexual partner. Constructive knowledge means the person was aware they could pass a sexually transmitted disease. But they did not inform their partner or take precautions. So instead, the defendant had unprotected sex. So in this instance, the person passing herpes or other STD can get held liable.
- In the event of a marital tort, the defendant spouse does not have spousal immunity. So this means their partner can bring a lawsuit if they have gotten infected with herpes. They can also sue for hepatitis C, HIV, or another sexually transmitted disease. They can also allege the harm gets caused due to an invasion of privacy, fraud, or violence.
- However, a spouse has no legal duty to disclose adulterous activity to their spouse.
- Same goes for individuals engaging in high-risk behavior. Also, this includes engaging unprotected sex with multiple partners or prostitutes. These people have no duty to inform their sexual partner.
But if a person knows or should know they have an STD, they must notify, or not have sex. In any event, our law firm will review all the evidence and facts of your case. Also, we will use our resources to build your case. Next, if necessary, we will litigate aggressively on your behalf. So why not contact the Ehline Law Firm in San Francisco, San Diego, Los Angeles, or other locations? Discuss your case with one of our experienced Los Angeles, California herpes tort attorneys. Try calling locally at (213) 596-9642.