WA Can I Sue Ex for Personal Injury?

[MaryE]

I am newly separated. I learned that my husband of 23 years has had affairs and this year, I have had two outbreaks of genital herpes.

I am 48 years old. My self esteem has been shattered & I'm afraid to have a future relationship as I do not want to pass on this STD. I am so hurt as I trusted him with my soul.

Can I sue him for personal injury as this is a lifetime sentence?

 

[Rod]

Can I sue him for personal injury

Yes. But it will not be easy and there is no guarantee you'd win.

You have two possible causes of action against your husband and I recommend seeing a lawyer to discuss it in more detail. The biggest problem I suspect you'll have is that your husband may claim it wasn't him. While you may know it could only have been him, proving it is difficult.

 

[MaryE]

Yes. But it will not be easy and there is no guarantee you'd win.

You have two possible causes of action against your husband and I recommend seeing a lawyer to discuss it in more detail. The biggest problem I suspect you'll have is that your husband may claim it wasn't him. While you may know it could only have been him, proving it is difficult.

Thank you for your response.

He hasn't denied it and verbally apologised for passing it on during a confrontation. At first he said that one of us must have contracted it from a toilet seat - (a massive insult to my intelligence).

You mention that there are 2 possible causes of action. May you please elaborate or direct me to any sites as I can't seem to find any useful information to guide me.

Thanks once again.

 

[Rod]

Possible causes of action:

• Intentional infliction of harm
• Negligence

It is not straightforward to prepare and initiate legal action for these hence my recommendation to see a lawyer if you are serious.

Other option is to do what most people do. Accept it happened and pull life together over a period of time. It is not easy but most people recover OK, albeit with a few scars.

 

[MaryE]

I was going to accept it, but why should I be penalised? I won't rant on a public forum (my first participation). The second point assists me greatly. I appreciate that you took time to respond.

Thanks Rod.

 

[Qadeer khan]

yes, but it is not easy.

 

[Emmafal]

Thank you for having me in this forum. Hi if someone claims that he or she had reported me to victoria police for emotional abuse, how can I find out if its true or not? Im scared because I suddenly came to know about this during my property settlement negotiations.