Can You Sue Someone for Giving You an STD? Yes. Here's How

Yes. You can sue someone for giving you an STD in every state. Most of these cases claim one thing. They knew they had it. They didn't tell you. You got sick. You can sue even if you both said yes to the sex. And you don't always need a lawyer. Lots of people bring these cases in small claims court. They sue for test costs, treatment, therapy bills, and lost pay.

One California jury made a man pay $6.75 million to an ex-girlfriend. He gave her herpes and hid it. Your case probably won't look like that. It doesn't have to. Here's how these cases really work, and when filing makes sense.

There's no lawsuit called "you gave me an STD." Courts handle these cases under four normal legal claims. You can raise more than one at once.

Negligence

This is the most common claim. It means they knew they had an STD, or should have known. They slept with you anyway. They said nothing. They had a duty to warn you. They failed. You got sick.

The "should have known" part matters. Courts in California and other states say a partner can be on the hook with no test result at all. Clear signs they chose to ignore can be enough.

Battery

Battery is harmful contact you didn't agree to. Here's the key idea. You said yes to sex with a person you thought was healthy. You did not say yes to sex with someone hiding an STD. That hidden fact can turn a yes into battery under the law.

Fraud

Fraud kicks in when you asked and they lied. "I'm clean, I just got tested" is a claim of fact. If it was false and you trusted it, that's fraud. Texts where you asked about their status are gold in these cases.

Emotional distress

Say they knew, hid it, and stuck you with a lifelong STD. That can support an emotional distress claim on top of the rest. We wrote a full guide on when you can sue for emotional distress if you want the details.

What You Have to Prove

Winning takes more than a positive test and a bad breakup. In most states you need to show four things:

  1. They knew or should have known. A test result, a prescription, symptoms they ignored, or texts where they admit it.
  2. They didn't tell you. No warning before sex. If they told you and you took the risk, your case mostly dies.
  3. You caught it from them. A clean test before them and a positive test after is the best proof.
  4. It cost you something. Medical bills, therapy, meds, missed work, and the pain that comes with all of it.

Two of these cause the most trouble. Proving what your ex knew is hard if they never got tested. And proving it came from them gets messy if you had other partners then. Be honest with yourself about both before you file.

Is Giving Someone an STD a Crime?

It can be. Over 30 states make it a crime to knowingly expose a partner to HIV. Several cover other STDs too. In California, willful transmission of a disease is a misdemeanor under Health and Safety Code 120290.

A criminal case and a lawsuit run on separate tracks. Police handle the criminal side. You can file a police report if you think it was done on purpose. Your lawsuit is the civil side. It's the only track that pays your bills back. You can pursue both. A conviction makes your lawsuit much stronger. But you don't need one to sue.

How Much Can You Sue Someone for Giving You an STD?

The headline cases are huge. In Behr v. Redmond, a jury hit a rich makeup mogul with a $6.75 million verdict. He gave his girlfriend herpes and hid it. Of that, $2.75 million was punitive damages. Most of it survived appeal in 2011.

Notice one detail: the man was rich. That's not luck. Lawyers who work for a cut take STD cases when two things line up. Serious lifelong harm. And a person who can pay. If your ex is a normal person with a car loan and rent, most firms won't call you back.

That doesn't mean you have no case. It means the real money looks like this:

Add those up. A curable STD might mean a few hundred to a few thousand dollars. Herpes or another lifelong STD pushes the number up. Future treatment counts too.

The Small Claims Route: Sue for an STD Without a Lawyer

Here's what none of the law firm websites tell you. If your damages are a few thousand dollars, small claims court fits this case well.

Filing costs about $10 to $75 based on your state. No lawyer needed. Hearings happen in weeks, not years. And small claims limits are higher than most people think:

Two warnings. First, a few states block injury claims from small claims court. Rhode Island only hears contract, debt, and consumer cases there. Delaware's Justice of the Peace Court won't hear injury claims either. Check your state's rules before you file.

Second, small claims judges like proof they can touch. Walk in with a timeline, test results, texts, and a stack of bills. Ask for a number you can back up. "He knew. He hid it. Here's my clean test from March, my positive test from June, and $2,400 in bills." That wins. Feelings without receipts don't.

One more thing about money. Winning a judgment and collecting it are two different jobs. If your ex has no income and nothing to take, even a win may go unpaid. Our guide on collecting a small claims judgment covers what happens after you win.

Evidence That Wins STD Lawsuits

Start saving proof now, before anything gets deleted.

Screenshot everything today. Save the full message threads, not just pieces. If they said anything in a voicemail, keep the file. You can't demand a message they deleted and you never saved.

How Long Do You Have to Sue?

Every state sets a deadline called the statute of limitations. For injury claims like these, it's short:

The clock usually starts when you found out, or should have. That's called the discovery rule. It helps people who had no signs for months. But don't lean on it. Courts fight over when you "should have known." File early. Our state-by-state statute of limitations guide has the full list.

When Suing Isn't Worth It

An honest gut check, because most sites selling legal help skip this part.

You can't prove they knew. If they never got tested and never had signs, this gets steep. Sad but true: the person who really didn't know is much harder to blame in court than the one who hid a test result.

You can't prove the source. More than one partner in the same window gives the defense an easy story. You'd need a test timeline that points to them.

They're broke. A judgment against someone with no job and no assets is a piece of paper. Run the math before you spend the filing fee.

You're not ready for a public file. Court records are public. Small claims cases are low-key and almost nobody reads them. But your name and claim will be in a file. Filing feels good to some people. Others want this chapter closed. Both are fair.

A Quieter First Step

Here's the thing about STD cases. The other person wants a courtroom even less than you do. Nobody wants to explain their test history to a judge in a public hearing.

That's why a formal demand letter works so well here. It lays out your proof, your costs, and a deadline to pay. It gives them a quiet exit before anything becomes a public record. About 70% of disputes settle after a firm demand letter and follow-up. No courtroom. Ours send instantly with certified mail tracking. If they ignore it, phone calls and a Final Notice follow. Start your case at PettyLawsuit and don't let it slide. Not sure how to word something like this? Our guide on writing a demand letter walks through it.

FAQ: Suing Over an STD

Can you sue someone for giving you herpes?

Yes. Herpes shows up in these lawsuits more than any other STD. It's lifelong and needs ongoing care. The biggest verdict on record, $6.75 million in California, was a herpes case. You'd sue for negligence, battery, or fraud, based on what they knew and what they told you.

Can you sue if the sex was consensual?

Yes. Saying yes to sex is not saying yes to a hidden infection. Courts treat the hidden STD as harm you never agreed to. That's why battery claims work even when the sex was consensual.

Can you sue someone who didn't know they had an STD?

It's much harder. Most states make you prove they knew or should have known. "Should have known" can cover someone who ignored clear signs, or skipped testing after a warning. But a person with a truly silent STD usually isn't on the hook.

Is knowingly giving someone an STD a crime?

In many states, yes. More than 30 states make knowing HIV exposure a crime. Some laws cover other STDs too. California makes willful transmission a misdemeanor. A criminal charge is separate from your lawsuit. Only the lawsuit gets your money back.

How much money can you get in an STD lawsuit?

It depends on the STD and the other person's wallet. Curable ones usually mean modest damages: testing, treatment, and a few related costs. Lifelong ones support bigger claims, since future care and emotional harm count. Million-dollar verdicts happen, but only against people rich enough to pay them.

Can you sue for an STD in small claims court?

In most states, yes, up to the limit. Limits range from about $2,500 to $25,000. It's cheap to file and you don't need a lawyer. A few states, like Rhode Island and Delaware, don't allow injury claims in small claims court. Check your state first.

Will an STD lawsuit be public?

Court records are public, including small claims. In practice, almost nobody reads small claims filings. But if privacy is your top concern, a demand letter that settles things before filing keeps it all out of the court system.

What if you can't prove who gave it to you?

This is often the make-or-break piece. A clean test right before you dated them, plus a positive test after, is the strongest proof. Without that timeline, or with several partners in the same window, winning gets much harder.