Considerations when bringing a negligent STI transmission case
As discussed in our prior entry, Negligent Transmission of STIs in Washington State, there are civil remedies available for people who unknowingly contracted STD/STIs due to another individual’s negligence. Still, these are difficult cases with lots of things to consider going in. Here are a few things to keep in mind when pursuing a negligent transmission of STD/STI claim.
1. Does the person who gave you the STI have the ability to pay any judgment that is entered?
“Judgement proof” is a legal term referring to individuals with no way to compensate the victims of their actions. Economically it may be hard to justify the lengthy and expensive process of obtaining a judgment when the at-fault party has no assets to satisfy such a judgement. In fact, insurance policies often have specific exemptions from payment of any claims arising from transmission of an STD/STI.
2. Are you ready to discuss your sexual history?
Most people are understandably reluctant to discuss intimate details of their personal life with strangers. This is completely unavoidable when bringing an STD/STI case. Unless the other side simply admits fault, you will need to show that you did not have the STI before entering the relationship. You will probably have to disclose any partners that you had subsequently to show that you did not get the STI from those individuals. Also, this may open you up to questions about how you handled your diagnosis with subsequent partners.
3. Are there compromising materials or information that was communicated during a relationship?
Once a lawsuit has been brought, you should assume that anything you shared with your partner will be out in the open. They may try to use prior correspondence to demonstrate you consented to the risk, or even simply to try and embarrass you.
4. Can you prove that the other person knew that they had the STD/STI?
In order for someone to negligent in transmitting an STD/STI, they must be aware of their diagnosis at the time of transmission. Were they taking medication or receiving treatment at the time? And if they were, why didn’t you notice? Defendants may try to say that you were fully aware of their diagnosis and agreed to the risk.
5. Filing a lawsuit makes the incident public record, but defendants usually include confidentiality as part of any settlement.
Once a Plaintiff decides to file a lawsuit it is typically within the court’s discretion to decide how much anonymity the parties may have, if any. Further, even if the court records themselves are sealed, that will not prevent the potential defendant from discussing the accusations against them with anyone who will listen. Our court system is designed to be public and open, which sometimes conflicts with the litigants’ desire for privacy. You should be ready for this.
Conversely, a Defendant will likely seek assurances of confidentiality and non-disclosure as part of any settlement. If you decide to resolve your case before a jury verdict, which most cases do, you will need to be comfortable agreeing to strict silence regarding the circumstances of the case in the first place.
