Contracting herpes can be emotionally and physically devastating, particularly when the infection results from a partner's dishonesty or negligence. If you've recently received a diagnosis, you may be wondering: Can I sue someone for giving me herpes? The answer is yes, but the legal landscape surrounding herpes transmission is complex. Depending on the circumstances, you may have a viable civil lawsuit; criminal charges may also apply in some cases.
This blog will cover everything you need to know: the legal grounds for a lawsuit, how to prove your case, potential compensation, statute limitations, and what options are available if the transmission occurred during a consensual or non-consensual encounter.

Legal Grounds for Suing Someone Who Gave You Herpes

Herpes transmission lawsuits generally fall into two categories: civil claims (like personal injury or civil battery) and criminal complaints under specific state laws.

Negligence
Negligence is the most common basis for a civil lawsuit, especially in cases involving the transmission of herpes. Understanding the essential components of negligence in personal injury cases is key to building a strong legal claim. In the context of herpes transmission, negligence typically involves:

• The defendant had herpes (or reasonably should have known).
• They did not inform you.
• They failed to take precautions (e.g., using protection or antivirals).
• You contracted the virus and suffered harm as a result.

The landmark case Doe v. Roe (1990) set a precedent for establishing liability in herpes-related negligence claims in California. Courts have determined that even if someone does not know they are infected, they may still be liable if they should have known based on symptoms or risky behavior.

Intentional Transmission
If someone knowingly exposes you to herpes without your consent or knowledge, the case may be treated more seriously. Intentionally transmitting an STD can be grounds for both a civil lawsuit and criminal prosecution. California Health and Safety Code Section 120290 states that willful transmission of an infectious disease is a criminal offense. This results in jail time and fines.
To prove this, you must show that:

• The defendant knew they were infected.
• They engaged in behavior that posed a substantial risk.
• The transmission occurred, and you suffered as a result.

Civil Battery
In cases where herpes is transmitted during a non-consensual sexual encounter, the victim can sue for civil battery. Civil battery is a tort that involves harmful or offensive contact without consent. California law doesn't require serious physical injury for a civil battery claim, only the "least touching" with intent to harm is sufficient.
If criminal charges are not pursued or do not lead to a conviction, a civil lawsuit can still provide a path to justice and financial recovery.

What If the Person Didn't Know They Had Herpes?

This is one of the trickiest aspects of herpes lawsuits. Many people with herpes are asymptomatic and are unaware they carry the virus. However, this does not automatically excuse them from legal liability. Courts in California and other states have ruled that:
A person can still be liable for transmitting herpes if they failed to seek medical advice or ignored symptoms that would cause a reasonable person to suspect an STD.
In the case of John B. v. Superior Court (2006), the California Supreme Court supported the idea that even a lack of actual knowledge does not eliminate a person's duty to prevent foreseeable harm to others.

Proving a Herpes Transmission Lawsuit

Winning a herpes transmission lawsuit requires more than a diagnosis. You'll need to establish a clear chain of causation linking your condition to the defendant's actions or omissions.
Key elements to prove:

• The defendant had herpes – medical records, prior test results, or admissions can help.
• They failed to disclose – this can be supported by text messages, witness testimony, or your own account.
• You were negative prior to the relationship – baseline STD test records will be crucial.
• The defendant was the source – this is often the hardest to prove, especially if other partners are involved. Expert medical testimony is typically required.

Can You Sue a Spouse?

Yes. Being married to someone doesn't shield them from liability. In fact, multiple cases have affirmed that spouses who transmit herpes through non-consensual or negligent acts may be held legally accountable. Marriage does not remove the duty to disclose significant health conditions especially when those conditions are lifelong and incurable.

Statute of Limitations: How Long Do You Have?

The statute of limitations varies by state. In California, personal injury lawsuits must be filed within two years of discovering the infection. Other states may have shorter or longer limits, ranging from one to five years.
Timing is essential. If you suspect you have a valid case, you should reach out to a qualified attorney immediately to preserve your right to file.

What Kind of Compensation Can You Recover?

If your lawsuit is successful, you may be entitled to recover several types of damages:

1. Economic Damages

• Current and future medical expenses (doctor visits, antiviral medications, therapy)
• Lost wages from time off work
• Cost of counseling or psychiatric treatment

2. Non-Economic Damages

• Pain and suffering
• Mental anguish
• Emotional distress
• Shame or embarrassment
• Damage to personal or professional reputation

3. Punitive Damages
If the defendant's actions were particularly reckless or malicious, punitive damages may be awarded to punish and deter future misconduct.
Some herpes lawsuits have resulted in settlements or jury verdicts of hundreds of thousands even millions of dollars, especially where there was proof of intent or gross negligence.

Who Pays?

The defendant is usually personally liable. However, depending on the policy terms and the nature of the incident, their homeowner's insurance policy may cover damages in some situations.
Still, insurance rarely covers intentional torts, so most plaintiffs should prepare for negotiations or structured settlements with the individuals themselves.

Criminal Liability: Is It a Crime to Give Someone Herpes?

In many states, yes. In California, intentionally giving someone herpes can be charged as a misdemeanor as stated in the Health & Safety Code § 120290, punishable by:

• Up to 6 months in jail
• Up to $1,000 in fines

A criminal conviction may also help bolster a civil lawsuit by establishing intent or recklessness.

When You Should Consider Legal Action

• You may want to pursue a lawsuit if:
• You were not informed your partner had herpes.
• You were pressured or manipulated into unprotected sex.
• Your partner lied or concealed test results.
• You're facing emotional trauma, medical costs, or social consequences.
• The transmission happened during a non-consensual or abusive incident.

Keep in mind: You have the right to know your partner's health status. Consent to sexual activity does not equal consent to the risk of infection especially when nondisclosure may cross the line into a sex crime, depending on the circumstances.

Attorney for herpes lawsuit in California

Fighting for a herpes transmission lawsuit can be startling, especially while dealing with the physical and emotional effects of the diagnosis. But you are not alone. The law is on your side whether your case involves negligence, deceit, or abuse.
If you're considering legal action, working with experienced professionals who understand the legal, medical, and emotional complexities involved is critical.
Bulldog Law, a trusted personal injury law firm in California, is known for aggressively advocating for victims of negligence, intentional harm, and sexual misconduct. Our compassionate attorneys can help you evaluate your case, gather evidence, and fight for the compensation you deserve while treating your story with dignity.