Charlie Sheen HIV AIDS Lawsuit Attorney
Our firm is currently investigating various cases involving possible HIV infection. As it has been disclosed in the media various parties may have suffered exposure to HIV. In such cases those who have either contracted HIV or suffered the risk of HIV exposure are able to pursue a claim for damages. If you are interested in pursuing a potential claim for damages, please contact our office for a confidential case evaluation.
Fear of HIV Exposure Claim: It is clear that the threat or fear of contracting or having contracted HIV can be devastating. In fact the threat of this type of exposure can cause significant psychological trauma. However, it is required that the victim have some type of objective fear that they may have contracted HIV. If it can be shown that the defendant was objectively afraid of contracting HIV they will have a potential claim for damages.
In fact fear of HIV can be detrimental to your mental health. It is clear that the fear of HIV can cause significant amount of emotional distress. In fact having fear of potentially contracting HIV can result in serious mental distress, which is actionable.
HIV Exposure Claim: If you can demonstrate that you have contracted HIV you will also have a claim for damages. Generally these will be both valuable claims and difficult claims to prove. In order to have a viable claim for damages you must demonstrate that you had contracted the virus from the person in question. This may not always be easily proven and will require full disclosure.
Furthermore, it is important to show that you had the contact necessary with the defendant. If you can demonstrate that you did in fact have contact with the defendant and that you were infected with HIV, you will be able to pursue a claim for damages against the defendant.
Failure to disclose HIV status to partners: If you are tested for HIV it is required that you disclose to any sexual partner of your status. Failure to disclose such information is a criminal act. While is understood that some parties may claim that the blood HIV is undetectable, it is still required to disclose such information. In fact medically, it is not likely for the virus to be undetectable, so the failure to disclose will exist regardless of whether the virus is detectable. As a defense undetectable traces of HIV can be used to limit the liability, however this will likely not succeed as a defense.
Compensation Available for Victims: According to California state law victims of personal injury perpetrated by the intentional acts of others are entitled to compensation for all damages including pain and suffering, mental anguish and punitive damages. A list of damages compensable includes the following…
- All medical and rehabilitation costs.
- All future medical and rehabilitation care.
- Economic damages – including loss of income and future loss of salary.
- Emotional distress – including pain and suffering, and emotional trauma.
- Punitive damages – In cases involving the contraction of sexually transmitted viral diseases victim may be entitled to punitive damage compensation when the at fault perpetrator acted with reasonable certainty that his actions would result in significant harm to an individual. In many court opinions have unprotected sex with the knowledge that you have or are likely to have HIV can constitute reckless or wanted conduct this allowing for the imposition of punitive damages.
Further Information – Free Consultation Available: If you have any further questions regarding exposure to an STD including HIV feel free to contact our law offices. All consultations are free of charge.