Someone Got Me Sick. Can I File a Lawsuit?
Posted May 7th, 2018 by Anthony Carbone, PC.
Categories: Workers Compensation.
With what we now know about germs and how they are spread between person to person, one might assume that if a sick individual passes their sickness on to them, they will be able to sue that person. While this might seem like a legitimate claim, it has some tough hurdles to cross.
Yes, it is true you can sue someone for nearly any reason you want to. But it’s not necessarily the best idea. In the case of suing someone for getting you sick, you (the victim) will be required to prove the defendant got you sick. Not only that, but you will have to prove that it was intentional or negligent. Even that factor is hard to prove because illnesses can be spread in different ways. However, illnesses like sexually transmitted diseases (STDs) and home-borne illnesses can be more appealing to legal ramifications.
STDs and the Law
Sexually transmitted diseases are the most common types of illnesses subject to lawsuits. Why? Because they are an illness that can potentially affect you for the rest of your life. Whether it was an accident, lies from your sexual partner, or sexual assault, speaking to an experienced attorney is your best option. Common types of STDs include:
- HIV/AIDS
- Herpes
- HPV (Human Papillomavirus)
- Chlamydia
- Gonorrhea
- Syphilis
Since STDs are illnesses spread through direct sexual contact, it is easier to prove the cause of your injury claim. In most cases, the person that transmitted the STD into your system knows about their condition.
Other Sicknesses and Lawsuits
Did you get the flu or strep throat from a co-worker? Suing them might not be your best option. Contracting a sickness in the workplace will not invoke your company’s workers’ compensation benefits from kicking in. This is even true if you sustain the worst possible economic losses, such as expensive medical bills, lost wages, and related damages. That is because proving who gave you the flu, strep throat, or other common sicknesses are nearly impossible.
If you have video, surveillance footage, or other indisputable evidence that a sick co-worker intentionally got you sick, you may a have a real shot of winning a lawsuit to receive the compensation that will help you and your loved ones receive compensation while you are sick or repay medical bills that left you in a crippling debt.
Even though this is a complicated matter in the eyes of the law, the Law Offices of Anthony Carbone is ready to fight on your behalf. Contact us today in order to set up your free consultation. You won’t pay a dime until your day in court arrives.
