How Much Can You Sue Someone for Giving You Herpes?

Discovering that you’ve contracted herpes from a partner who failed to disclose their diagnosis can be devastating. In addition to physical and emotional distress, you may be wondering about your legal rights. Can you sue someone for giving you herpes—and if so, how much could you be awarded?

Let’s break down the legal landscape, what factors courts consider, and real-world case examples to help you understand your options.

Yes, You Can Sue Someone for Giving You Herpes

In the United States and many other countries, knowingly transmitting a sexually transmitted infection (STI) like herpes without informing your partner is not just unethical—it can also be illegal. People have successfully sued their partners for damages under claims like:

• Negligence
• Fraud or intentional misrepresentation
• Battery (in some cases)
• Emotional distress

However, success in court often depends on whether you can prove that the other person knew they had herpes and failed to disclose it. Without this proof, your case becomes more difficult to win.

How Much Can You Sue For?

There’s no fixed dollar amount when suing someone for giving you herpes. Payouts can vary widely based on the nature of the case, the state in which the case is filed, and the damages incurred. In general, people have sued for anywhere from a few thousand dollars to over $1 million in severe cases.

Here’s what courts might consider when calculating damages:

• Medical expenses: Current and anticipated future treatment costs.
• Lost wages: If your ability to work has been affected.
• Pain and suffering: Emotional distress, anxiety, depression, or humiliation.
• Punitive damages: In cases where the transmission was intentional or especially reckless.

For example, in a well-publicized case covered by legal and medical blogs, a California jury awarded a woman $6.75 million after her partner, a wealthy businessman, knowingly transmitted herpes to her. This included compensation for emotional suffering and punitive damages meant to deter others.

What You Need to Prove

To successfully sue someone for herpes transmission, you typically need to prove the following:

1. The person knew or should have known they had herpes.
2. They failed to disclose their condition before engaging in sexual contact.
3. You contracted the virus from them.

Medical records, text messages, witness statements, and expert testimony are often used as evidence. This is why it's critical to seek both medical and legal counsel quickly if you suspect someone has transmitted herpes to you.

State Laws on STD Disclosure

Laws vary by state, but many have statutes requiring the disclosure of an STI before engaging in sexual activity. Failing to do so can result in both civil lawsuits and criminal charges. For instance:

• In California, knowingly exposing someone to an STD can be charged as a misdemeanor.
• In Florida, it’s a third-degree felony.
• In New York, victims can sue under the tort of negligent transmission of an infectious disease.

You can explore more real-life legal outcomes in our blog “Arrested for STD Transmission? Real Cases That Changed the Law”.

Why Some People Choose Not to Sue

While many people want justice, some choose not to sue for several reasons:

• They don’t want to make their condition public.
• They fear retaliation or social stigma.
• They don’t have strong enough evidence.
• They want to focus on healing emotionally and physically.

Whether you choose to take legal action or not, it's important to prioritize your health, support system, and emotional well-being. Communities like PositiveSingles offer support, resources, and a safe space to connect with others living with herpes.

Your Rights and Your Power

Being diagnosed with herpes can feel overwhelming, but remember—you have legal rights. If someone knowingly put you at risk without disclosing their status, the law is often on your side. While lawsuits can’t undo what’s happened, they can help cover medical costs, hold people accountable, and bring closure.

That said, legal action is deeply personal. Only you can decide what path is right for you. If you're exploring your options, speak with a personal injury attorney or legal aid clinic in your area.

Healing and Support After a Diagnosis

If you’ve recently been diagnosed with herpes, you're not alone. Thousands of people navigate this every year and still lead full, loving, and connected lives. Whether you’re looking for legal justice, emotional healing, or just someone to talk to, support is available.

Visit the STD Inspirational Stories section or our Herpes and Healing blog to hear from real people who’ve walked this path—and thrived.

How PositiveSingles Can Help

PositiveSingles is the world’s largest community for people living with herpes, HIV, HPV, and other STDs. Whether you’re looking for love, friendship, or advice, our platform offers:

• A supportive and stigma-free environment
• Private messaging and dating tools
• Expert blogs, Q&A forums, and dating tips
• Success stories from people just like you

Ready to move forward? Join PositiveSingles for free today and start reclaiming your journey.