California Herpes Torts Attorneys

San Francisco Herpes Transmission Lawsuit Lawyers

Contracting herpes can cause great distress. Aside from the physical discomfort that can re-occur over your lifetime, you can experience great embarrassment and humiliation. Your future ability to enjoy sexual relationships with another partner may be restricted. Your affliction will never really go away, even when the symptoms are in remission.

If your spouse or a sexual partner has infected you with herpes or another incurable sexually transmitted disease, you have legal rights. You may be able to obtain compensation for your out-of-pocket costs and emotional distress. In some cases, you may even be entitled to punitive damages.

The Schoenberg Family Law Group, P.C. is a law firm that represents victims of domestic torts such as transmission of herpes, HIV, physical violence and invasions of privacy. Our attorneys undertake assertive litigation on behalf of spouses and partners of people who have caused lasting harm through negligent or intentional acts.

What your spouse or partner has done to you can never be undone. You can, however, obtain compensation for your financial losses, physical suffering and emotional distress. Call our firm at 415.906.3351 to discuss your case with an experienced and determined lawyer.

Applicable Law Is Complex and Developing

While the legal foundation of domestic torts is based on ancient common law principles, applicable case law is still developing. For a legal action to succeed, careful case analysis and skillful advocacy by an experienced attorney is essential.

Plaintiffs have succeeded in a number of herpes tort cases in California and other states. These cases have all involved unique circumstances and legal issues. However, some basic precepts are as follows:

  • For a domestic tort action to succeed in California, the defendant must have had "constructive knowledge" that his or her actions could cause harm to a sexual partner. For example, a person who knew or should have known that he or she had herpes, and who engaged in unprotected sexual activity may be held liable.
  • A person has no legal duty to disclose adulterous activity to his or her spouse.
  • If someone engages in high-risk behavior, such as unprotected sex with multiple partners or sex with prostitutes, that person has no duty to inform a sex partner of this fact.
  • When it comes to marital torts, a person does not have interspousal immunity. You can sue your partner if he or she infects you with herpes, HIV or hepatitis C, or causes other harm through violence, invasion of privacy or fraud.

When you retain our firm, we will review all of the factual and legal aspects of your case, and advocate vigorously on your behalf.

Contact the Schoenberg Family Law Group, P.C. in San Francisco to discuss your case with an experienced California herpes tort lawyer.