Legal Question in Personal Injury in California
Defamation and Invasion of Privacy on the Internet
I emailed my ex-g.f. to tell her that what she did to me was wrong, and that I was going to file an STD lawsuit against her. She lied to me for 2 months, and finally confessed that she has a lifelong STD. She also gave me an ultimatum at that point to either stay or move on. Within a week, I developed symptoms of this STD. We broke up a month and a half after.
I emailed her a little while ago telling her that what she did was reprehensible, and that I was planning on suing her for it. I also said that I was going to create a blog about what she did. I created the blog and basically had her name on it, and what she did to me. I also named the STD.
She found the blog, and contacted an attorney. He is playing hardball, and has sent me strongly worded notices and is trying to stiff arm me into signing a release and agreement. I have since taken down the blog.
My question is, I can trade one lawsuit for another, but the agreement will have me worried for life. The Internet is vast and anonymous. I can't be worried about what others write about her. This agreement might come back to haunt me. What do you think are the chances of that happening, and what the chances of the attorney actually filing a lawsuit?
3 Answers from Attorneys
Re: Defamation and Invasion of Privacy on the Internet
If she has gone so far as to retain a lawyer in this matter, I would take this very seriously. I suggest, at minimum, you review the agreement with an attorney and receive timely and accurate advice. If you would like to discuss this matter further, please feel free to contact me.
Yours truly,
Bryan
619.400.4929
Re: Defamation and Invasion of Privacy on the Internet
I think the odds she would actually file a lawsuit are slim. Like she is really going to get up in front of a judge or jury and be cross-examined about how she gave you a STD. Besides, if she sues, you would of course countersue.
I don't think you did anything wrong by publishing true information. Any expectation she might have in keeping her STD infection private was waived when she knowingly gave it to you -- and probably others. What chutzpah she has. This is like Typhoid Mary complaining about a HIPAA violation.
The best defense is a good offense. I would get an attorney to write letters back to the other attorney. I would sue or countersue. I would even put the blog back up to protect other people, although depending on what it says this might make you look vindictive and hurt your lawsuit.
And if you are actually considering signing a document some other attorney sent you without having your own attorney read it, you've got rocks in your head. Never get your legal advice from someone else's attorney.
Do not speak to the other attorney from now on except through your own attorney.
Re: Defamation and Invasion of Privacy on the Internet
You "CAN" do anything you like. The courts are filled with people who do so and cause no end of problems for themselves [so are the jails]. What you 'should' do is get an attorney to help you resolve this or take action in your best interests, which will be determined after a full review of the facts and issues, and discussions with you and the other side as to what your options are. Feel free to contact me if serious about starting to do this right.
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