A Really Personal Injury: Herpes

Just when you least expect it, a trip to the doctor confirms your worst fears: you have genital herpes. If you’re like most, your thoughts will immediately go to your last few sexual encounters. You wonder who gave it to you, and you wonder who you might have passed it to as well. Herpes can affect people and show no visible symptoms and it’s more prevalent than you think; the Centers for Disease Control estimates that as many as 1 in 6 people aged 14-49 actually have this sexually transmitted disease. Once you’ve come to grips with your infection, you may begin wondering if you have a legal course of action against the person who gave you this STD. Read on to learn about the three ways you may be able to gain some compensation or other legal recourse’.

Negligence

There’s a chance that the person who passed this disease along to you was unaware that they had it, but that does not prevent the courts from finding them negligent. The person you were with owed you a duty of care and they breached that duty. This means that everyone has a duty to use care when taking actions, such as having sex, and breaching that duty means that they did so in a negligent manner.

The courts have ruled that if a former partner should have known that they could have herpes, they had a duty to seek a diagnosis, seek treatment and to inform you of the potential risk. Failure to use protection and failure to be abstinent can point to negligence. Did you also play a part in this negligence? Likely so, but the courts may rule that your failure to use due car was secondary to the at-fault parties’ negligence.

Lying

If you can show that a former partner knew they had herpes and lied about, you may be able to make claim for fraud. To show fraud, you must prove all three of the following elements:

1. One party lied

2. One party believed the lie

3. That party was injured by believing the lie.

Assault

This is the most serious charge to bring, and you must show proof that you would not have consented to sex had you known that one party had herpes. Your partner’s lack of candor prevented you from giving full consent to the sexual encounter, which equates to sexual battery, in some states.

Unfortunately, herpes cannot be cured, but you may be able to get some financial or legal satisfaction and help set an example for others who spread this disease carelessly. Speak to a personal injury attorney, like one from Velde Moore Limited, for more information.

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4 Things You Can Do To Protect Yourself Financially During A Divorce

Going through a divorce is difficult for many reasons. It is important that as you go through the divorce process that you are doing everything that you can to protect yourself and especially protect your financial future. Here are some things that you should do to make sure that you are financially protected.

1. Get A Copy Of Your Credit Score

Up to this point there is a good chance that you and your spouse had joint debts. Even things like the electric bill can affect your credit score. So if your spouse has had a hard time with managing finances you could be in trouble too. There bad financial decisions could be affecting your credit score. Although it may be painful and hard, it is important to know where you are at with your credit score, and if need be start doing what you can to repair it. This will come from closing joint credit accounts and paying down any debt you may have together.

2. Get Your Own Mailbox

One of the first things you should do when you are getting a divorce is get your own mailbox. There will be a good deal of financial and legal documents that will be sent to you and you don’t want you spouse to have access to those. So long as they are sent to your home that you had together your spouse could open the mail. So get a PO Box as soon as possible.

3. Reorganize Investment, Retirement and Bank Accounts

Recognize that as long as both people’s names are on the account they can withdrawal money. If you and your spouse are on bad terms, there is a good chance that they will drain your accounts, simply to get back and you. You need to make sure that you are protecting your wealth and transfer money into an account that is only in your name. In some cases this will be challenging, like on an IRA. But you can have the accounts frozen during the divorce. This will protect your finances.

4. Close All Joint Credit Cards

Lastly, you need to close all joint credit cards. Do no let your spouse spend any more money in your name. There is no telling what they will do, and so long as your name is on those accounts, you will be held responsible for any purchases they make.

By doing these things you can protect yourself financially during a divorce. 

For more information concerning divorce legalities, contact businesses like Grafton Law Office.

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