Can You Sue Someone For Giving You An STD? (2025)

Can I Sue Someone for Giving Me an STD?

You can. Most of the time, cases surrounding STD transmission are based on negligence theory. That means the person who infected you knew they had an STD, had a duty to inform you that they had one, and failed in that duty.

However, if more than negligence is involved — meaning the other person used force, deception, or similar means to expose you to the STD — the action might be considered an intentional tort.

Unlike negligent people, those who commit intentional torts mean to cause harm. If your case falls into this category, your lawyer may encourage you to pursue criminal charges as well.

Does the Type of STD Matter?

Just as some states have criminalized HIV exposure and others have not, state laws vary when it comes to which STDs are actionable in court. Usually, STDs that are considered to be more serious or pose a long-term threat to health are more likely to be actionable. These are some of them:

• HIV/AIDS: Can lead to death
• Hepatitis B: Can cause liver cancer and cirrhosis
• Herpes: Can cause various complications and is permanent
• Syphilis: Can cause organ damage, blindness, deafness, and death

If you have contracted another STD, that doesn’t automatically mean you won’t be able to pursue legal action. An attorney can help you understand your state’s laws and whether your situation may be a good candidate for a lawsuit.

What Types of STDs Can You Sue For?

If you allege that the other person intentionally exposed you to an STD, the type does not matter. Under the law, a battery occurs any time someone else intentionally causes unwanted contact. However, the type of STD might affect your losses and, as a result, the compensation you receive.

On the other hand, the type of STD matters when you allege negligence. One of the elements of negligence is loss. Thus, you must show that the STD caused some type of loss. Negligence examples include STDs that cause the following types of losses:

• Testing fees
• Treatment costs
• Temporary or permanent disabilities
• Fear, concern, and worry
• Reputational harm

Some examples of STDs that might not cause losses include ones that you already have or those that you are immune to.

Is Transmitting an STD a Crime or Just a Civil Issue?

Transmitting a communicable disease, such as an STD, is a crime in some states. In California, for example, someone commits a crime if they know they have an infectious disease, act with the intent to transmit it, and successfully transmit it.

Other states enhance certain crimes if certain STDs are transmitted. For example, Massachusetts imposes a minimum mandatory sentence of 15 years if a perpetrator of child rape knows they have an STD when they commit the crime.

How Much Can You Sue Someone for Giving You an STD?

If you choose to file a lawsuit claiming that someone gave you an STD because they were negligent or were trying to cause harm, you might be able to recover damages, or compensation for losses. The total amount you can recover depends on the impact the STD has on your health and life.

Recovering damages in cases involving STDs can be difficult, and an attorney can assess your case and tell you whether you have a realistic chance of recovering any kind of compensation. When a court awards compensation in an STD lawsuit, it is often for losses like these:

• Medical costs associated with diagnosing and treating the STD
• The cost of counseling (especially if the STD is incurable or life-threatening)
• Lost wages (if treatment caused you to miss work)

If the plaintiff gave you an STD that requires ongoing medical management, you might be able to recover compensation for future medical bills. For example, if a former sexual partner gave you HIV without your knowledge, the court could order the defendant to pay for antiretroviral therapy medication to suppress the virus within your body.

Can You Sue If They Didn't Know They Had an STD?

Not everyone is proactive about their sexual health, so it’s possible for someone to give you an STD when they don’t even know they’re infected themselves. Can you sue for STD transmission if the person who infected you didn’t know they had an STD?

In most cases, a plaintiff (you) must prove the defendant (the person who infected you) was aware they had an STD when they transmitted it to you.

However, legal actions involving STD transmissions and other injuries are often more complex than they appear on the surface. Before deciding whether you can sue someone or not, you should seek the advice of a lawyer.

What Evidence Do You Need to Sue for an STD?

The evidence to sue for an STD depends on the legal theory used. If you sue for battery, you must prove the other person’s intent. Evidence of intent is often inferred from the circumstances. If they knew about their disease and had been advised that it was infectious, a jury might infer that they intentionally intended to spread it.

Negligence, on the other hand, only requires proof that the other person knew or should have known that their acts would transmit the disease. Thus, you only need proof that they knew about the disease and should have known that it was infectious.

Additionally, you must prove that the sexual contact was the proximate cause of your infection. Thus, you probably need evidence showing that you did not have the disease before having contact with the other party and that your infection was a foreseeable consequence of their actions.

How Long Do You Have to File an STD Lawsuit?

A statute of limitations caps the time to pursue a lawsuit. In most states, the statute of limitations car accident victims, slip and fall victims, and STD victims must follow is the same. In other words, the statute does not depend on the nature of the negligence. This statute may range from a year to several years, depending on your state. Thus, you should consider speaking to a lawyer promptly after discovering the STD.

Is It Worth Filing a Lawsuit?

You know that the answer to “Can you sue someone for giving you an STD?” is yes. But does that mean you should?

Before you make a decision either way, it’s important to understand that these cases can be challenging to prove in court. You usually will need to prove that the defendant knew they had an STD and that they did not disclose it to you.

Another factor to consider is whether a lawsuit will yield any meaningful results. Often, settlements in personal injury cases come from the at-fault party’s insurance company — not the person themself.

If the person who infected you has few or no assets, there’s a strong possibility that you won’t recover any compensation even if you win your case.

STD transmission cases are also very personal in nature. Even if you can prove the other party’s responsibility, you may have to reveal very intimate details in court. Some people are understandably uncomfortable doing this.

Ultimately, you’re the only one who can decide whether it’s worth it to sue someone who gave you an STD. If you aren’t sure how to sue someone who has given you an STD or you haven’t decided if you should, an experienced attorney can offer valuable advice and guidance.

Has Someone Given You an STD?

For some people, STDs are more than just temporary. If someone has given you a permanent STD or one that has serious long-term consequences, you deserve help dealing with medical costs and other potential fallout. A personal injury attorney might be able to help.

At ConsumerShield, we make it our mission to connect people like you with qualified, experienced lawyers in your area. The right lawyer can offer you valuable guidance when it comes to the next steps to take. Get in touch today for a free case review!