Legal Question in Personal Injury in Florida

can I sue someone for infecting me with HIV

Asked on 7/14/16, 10:14 am

4 Answers from Attorneys

Angelo Marino Angelo Marino Jr. PA

Yes. Question: Was it done negligently or intentionally, is the person collectible or has insurance?

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Answered on 7/14/16, 10:39 am
David Burns David H. Burns, P. A.

Yes, but there will be a number of issues to be resolved. Whether the person who infected you knew they had HIV? If not, should they have known? Did they act intentionally or negligently? Do they have applicable liability insurance or other substantial assets. You should consult with a personal injury attorney right away. Most personal injury attorneys provide a first consultation free of charge.

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Answered on 7/14/16, 12:07 pm
Tina Willis Tina Willis Law - Orlando

As the other lawyers have said, you definitely can sue. The bigger question is usually whether you can find a lawyer who will take the case on contingency. That requires them to evaluate likelihood of wining, which involves whether there is solid proof that this person infected you with HIV, and knew, or should have known, that they had HIV. For a lawyer to take the case, there usually must be solid evidence that they acted intentionally or negligently. Then, and this is a biggie, most lawyers will not take a case on a contingent fee basis unless the person either has very substantial collectible assets or an applicable liability insurance policy. That's where things might become problematic. Best of luck to you!

Tina Willis Law Orlando

Phone: (407) 803-2139


390 N. Orange Avenue, Suite 2300G

Orlando, FL 32801

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Answered on 7/14/16, 1:36 pm
Alan Smith Tallahassee Legal Counsel

Possibly yes. The other attorneys have given you a good overview of potential issues that could stand in your way. You should contact a personal injury attorney in your area to discuss this in more detail than is possible online.

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Answered on 7/14/16, 8:18 pm

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