Sexually Transmitted Disease Claims
In Texas, persons, who intentionally, recklessly, or negligently infect their spouse or lover with a sexually transmitted disease may be held civilly liable for monetary (money) damages for an injured party’s: (1) mental anguish; (2) physical pain; (3) physical impairment or disfigurement (scarring); (4) past and future medical bills and prescription anti-viral prescription costs; (5) lost wages for time lost at work; and (6) possible punitive or exemplary damage awards from a jury.
At the Law Offices of Kevin R. Madison, P.C., Attorney Kevin R. Madison has settled cases involving Negligent Transmission of Sexually Transmitted Disease (Herpes Simplex Virus) throughout Texas for amounts that ranged from $25,000 to $150,000. Although the most common STD claims are usually Herpes Simplex Virus (HSV) claims, we handle all types of sexually transmitted disease claims, including: Herpes, HIV, AIDS, Hepatitis, Human Papillomavirus (HPV), Genital Warts, Gonorrhea, Syphilis, Pelvic Inflammatory Disease (PID), and Chlamydia.
All cases that we accept are handled on a contingency percentage fee of the gross amount recovered, plus reimbursement of our out-of-pocket costs. If we are unable to obtain a settlement recovery for you then you don’t owe us a penny, not even our out-of-pocket costs. There is no risk for any of our clients. We accept the risk and burden of our legal costs and time when we take on your case. Many STD claim cases are settled without the necessity of filing a lawsuit against the perpetrator. If a lawsuit does need to be filed, in most of our cases we use a pseudonym, such as “Jane Doe,” to keep our client’s name off the court pleadings.
Spouses who are still married have the legal right to assert a Transmission of STD Civil Tort Claim against their spouse without the necessity of filing for divorce. There are statutory limitations that govern how long a victim can wait before they lose their right to assert a civil claim against the person who infected them with a STD. Therefore, it is critical that you do not delay in seeking a legal consultation.
Call for a free telephone or office consultation. (512) 708-1650. All consultations are held in the strictest of confidence. We have a female Registered Nurse on staff for those who prefer to discuss their case with a female medical provider.
Common pleadings and causes of action (claims) involving the transmission of STDs, include these pleadings in some cases:
CAUSE OF ACTION NUMBER ONE
TRANSMISSION OF A SEXUALLY TRANSMITTED DISEASE
As Plaintiff’s husband/boyfriend, Defendant had a moral and legal duty to not engage in sexual relations with other women outside the marriage. Defendant breached his duty to remain faithful to his wife. As a direct result of his infidelity, Defendant contracted Herpes and knew or should have known the risk of contracting and spreading the Herpes virus to his wife. Defendant was reckless and negligent and breached his duty to his wife, causing her to become infected with Herpes for life. Defendant also breached his duty of care to inform his wife that he was infected with a sexually transmitted disease when he knew he was infected or should have known he was infected with Herpes, and failed to inform his wife of this and knowingly engaged in unprotected sex with his wife, causing her to also become infected with Herpes.
CAUSE OF ACTION NUMBER TWO
ASSAULT
Additionally, or in the alternative, Defendant assaulted Plaintiff by engaging in unprotected sexual relations with Plaintiff, his wife/his girlfriend, when he concealed the fact that he was infected with a sexually transmitted disease. A person commits an assault if he: (3) intentionally or knowingly causes physical contact with another when he knows or should reasonably believe that the other will regard the contact as offensive or provocative. (Texas Pattern Jury Charge).
CAUSE OF ACTION NUMBER THREE
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Additionally, or in the alternative, Defendant acted intentionally or recklessly; Defendant’s conduct was extreme and outrageous; Defendant’s conduct proximately caused the Plaintiff emotional distress; and the emotional distress suffered by the Plaintiff was severe.
CAUSE OF ACTION NUMBER FOUR
FRAUD
Additionally, or in the alternative, Defendant knew that he was infected with the Herpes Simplex Virus and Defendant committed Fraud when he lied to Plaintiff and told her that he was “clean” and had “no sexually transmitted diseases” when, in fact, he knew that he was infected with the Herpes Simplex virus.
Call for a free telephone or office consultation. (512) 708-1650. All consultations are held in the strictest of confidence. We have a female Registered Nurse on staff for those who prefer to discuss their case with a female medical provider.
