Call Now!
(713) 853-9296
STD Claims
Related Practice Areas
Request a Consultation
Farrah Martinez
Farrah Martinez is a distinguished Houston personal injury attorney dedicated to fighting for individuals who deserve a powerful advocate in their corner. With a reputation built on relentless preparation, compassionate client service, and aggressive courtroom strategy, Farrah approaches every case with the dignity and respect her clients deserve, because she understands that choosing the right legal representation is one of the most important decisions you will ever make.
Can You Sue Someone for Giving You an STD in Texas? Your Legal Rights and Options.
If a sexual partner knowingly or recklessly infected you with a sexually transmitted disease (STD) — also called a sexually transmitted infection (STI) — Texas law gives you the right to hold them civilly accountable. You may be entitled to significant compensation for your medical expenses, emotional distress, lost wages, and more.
At Her Injury Lawyer, Farrah Martinez handles STD and STI transmission cases with complete confidentiality and compassionate, aggressive legal representation. We understand how deeply personal and sensitive these matters are — and we are here to listen, protect your privacy, and fight for the justice you deserve.
Call 713-853-9296 for a free, completely confidential consultation.
Your privacy is our priority. In certain circumstances, STD transmission lawsuits may be filed anonymously in Texas to protect your identity throughout the legal process.
What This Page Covers
STD Transmission Lawsuits in Texas: What You Need to Know
Texas law recognizes civil legal claims against a person who infects another with a sexually transmitted disease. These claims exist separately from any criminal proceedings and allow you to pursue financial compensation directly through the civil courts.
STD transmission cases can involve infections including, but not limited to:
- Herpes (HSV-1 and HSV-2)
- HIV / AIDS
- Gonorrhea
- Syphilis
- Hepatitis B
- Chlamydia
- Chancroid
- Trichomoniasis
You have multiple legal theories available to pursue your claim. An experienced STD transmission attorney will evaluate the facts of your case and identify the strongest path to compensation.
Three Legal Theories That Can Support Your Claim
1. Civil Assault or Battery
Texas law allows you to pursue a civil assault or battery claim if a person knowingly, intentionally, or recklessly transmitted an STD to you. In Texas civil courts, assault and battery are treated interchangeably.
Under Texas Penal Code § 22.01, which Texas civil courts apply to these claims, an assault is committed when a person:
- Knowingly, intentionally, or recklessly causes bodily injury to another person. Transmitting an STD you knew you had — or recklessly disregarded the risk of transmitting — can constitute bodily injury under this definition.
- Intentionally or knowingly threatens another person with imminent bodily injury. This applies where a partner knew of their infection and deliberately concealed it, placing you at risk without your knowledge or consent.
- Intentionally or knowingly causes physical contact they know or should reasonably believe the other person would regard as offensive or provocative. Engaging in sexual contact without disclosing a known STD status falls squarely within this definition.
Critical point: You do NOT need to prove your partner intended to harm you. Reckless behavior — knowing you have an STD and engaging in sexual contact without disclosure — is enough to bring a civil assault claim in Texas.
Negligence
You can also bring a claim based on negligence — even if your partner did not intend to infect you. To succeed on a negligence claim, you must establish four elements:
- Duty — Your partner had a legal duty to disclose their STD status before engaging in sexual contact with you.
- Breach — They breached that duty by failing to disclose their infection, whether knowingly or through reckless disregard.
- Causation — Their failure to disclose directly caused you to contract the infection.
- Damages — You suffered actual, documented harm as a result — including medical expenses, lost wages, emotional distress, and more.
Texas law recognizes both actual knowledge (what your partner knew) and constructive knowledge (what your partner should have known). If your partner had symptoms, had previously been diagnosed, or had reason to believe they were infected, that constructive knowledge can be sufficient to establish your claim even if they claim ignorance.
Fraud and Fraudulent Concealment
If your partner deliberately concealed their STD status or made false statements about their sexual health in order to induce you to engage in sexual contact, you may have a fraud claim in addition to — or instead of — an assault or negligence claim. To succeed on a fraud theory, you must show:
- Your partner knowingly made false statements or deliberately withheld material information about their STD status
- You reasonably relied on their misrepresentation — meaning you would not have consented to sexual contact had you known the truth
- You suffered actual harm as a direct result of that reliance
Fraud claims can be particularly powerful where there is documentary evidence — such as text messages, emails, or communications — showing your partner was aware of their infection and actively concealed it from you.
What You Must Be Able to Prove — and How We Help You Prove It
The burden of proof in a Texas STD transmission lawsuit falls on you — the infected person. This means building a strong, well-documented case is essential. Key elements you will need to establish include:
- Your partner’s knowledge of their STD status — either that they actually knew they were infected, or that they should have known based on symptoms, prior diagnoses, or other circumstances
- Their failure to disclose — evidence that they did not inform you of their status before you engaged in sexual contact
- Causation — medical evidence connecting your infection to contact with this specific partner
- Your damages — documented medical expenses, mental health treatment costs, lost income, and other measurable harms
Documentation Is Critical
From the moment you suspect you have been infected by a partner who knew or should have known their status, begin preserving evidence:
- Seek medical treatment immediately and obtain all medical records and test results
- Save every form of communication with the partner — texts, emails, social media messages, voicemails
- Document any statements your partner made about their sexual health or STD status
- Keep records of all medical expenses, prescriptions, and healthcare costs
- Note dates, locations, and circumstances of sexual contact
At Her Injury Lawyer, we work with medical experts and forensic specialists to build the strongest possible evidentiary foundation for your case — while maintaining strict confidentiality at every step.
Compensation You May Be Entitled to Recover
A successful STD transmission lawsuit in Texas can recover significant compensation, including:
- Medical expenses — past and future costs of treatment, medication, specialist care, and ongoing disease management
- Mental anguish and emotional distress — for the profound psychological impact of contracting an STD, including anxiety, depression, trauma, and PTSD
- Pain and suffering — for the physical symptoms and chronic health effects of the infection
- Lost wages — for income lost due to medical appointments, illness, or emotional inability to work
- Reduced earning capacity — where the long-term health effects of the infection affect your ability to work and earn
- Loss of consortium — if you are married, compensation for the impact on your marital relationship
- Punitive damages — in cases of especially egregious, malicious, or intentional conduct, courts may award additional damages to punish the wrongdoer and deter future behavior
Important Legal Considerations
Statute of Limitations
In Texas, you generally have two years from the date you discovered — or reasonably should have discovered — the infection to file a civil lawsuit. This clock can begin running from the date of diagnosis, not necessarily the date of exposure. Do not wait — contact us as soon as possible to protect your right to file.
Actual vs. Constructive Knowledge
Texas law recognizes two types of knowledge that can establish your partner’s liability. Actual knowledge means they knew they had the STD. Constructive knowledge means they should have known — for example, because they had symptoms, had been exposed to an infected partner, or had reason to seek testing. You do not need to prove your partner had a formal diagnosis in hand.
Anonymous Filing
In certain circumstances, Texas courts may permit STD transmission lawsuits to be filed anonymously to protect your privacy. This is an important option for many clients who are concerned about public exposure. We will evaluate whether anonymous filing is available and appropriate in your case.
No Intent Required for Negligence
Many clients believe they cannot sue because their partner “didn’t mean to” infect them. This is not the legal standard for negligence or reckless assault. If your partner knew or should have known of their infection and failed to disclose it, that is enough to pursue a civil claim — regardless of their stated intentions.
How Farrah Martinez and Her Injury Lawyer TEAM Fight for You
STD transmission cases require a rare combination of legal skill, medical knowledge, and sensitivity. We bring all three.
- Complete confidentiality — your identity, your medical information, and the details of your case are protected at every stage
- Compassionate, judgment-free support — we understand how deeply personal these matters are, and we treat every client with the dignity and respect they deserve
- Thorough investigation — we gather medical records, communications, expert testimony, and all available evidence to build your case
- Medical expert coordination — we work with physicians and specialists to establish causation, document your damages, and project your future healthcare needs
- Aggressive legal representation — we pursue every available legal theory and fight for maximum compensation through negotiation or litigation
- No upfront costs — we handle STD transmission cases on a contingency fee basis, meaning you pay nothing unless we win
Frequently Asked Questions
Can I sue if my partner didn’t know they had an STD?
Possibly. Texas law recognizes constructive knowledge — meaning if your partner had symptoms, had been exposed to an infected person, or had other reason to suspect they might be infected, they may still bear legal responsibility even without a formal diagnosis. We will evaluate the specific facts of your situation.
Do I need to have criminal charges filed against my partner to sue them?
No. A civil STD transmission lawsuit is entirely independent of any criminal proceeding. You can pursue civil compensation regardless of whether criminal charges are filed, investigated, or prosecuted.
What if my partner denies knowing they were infected?
Denial is common. That is why documentation and evidence are so critical. Communications showing your partner was aware of symptoms, had been tested, or had been informed of exposure can be powerful evidence even in the face of their denial. We investigate thoroughly to build the strongest possible case.
Will my name be made public if I file a lawsuit?
Not necessarily. In certain circumstances, Texas courts permit STD transmission cases to be filed under a pseudonym or with other privacy protections. We evaluate this option in every case and pursue it wherever possible to protect your identity.
How long do I have to file a lawsuit in Texas?
Generally two years from the date you discovered — or reasonably should have discovered — the infection. However, the specifics of your situation can affect this timeline. Contact us as soon as possible to ensure your rights are protected.
What does it cost to hire Her Injury Lawyer?
Nothing upfront. Her Injury Lawyer handles STD transmission cases on a contingency fee basis — you pay no fees unless we recover compensation for you. Your first consultation is always free and completely confidential.
You Deserve Justice. Contact Her Injury Lawyer Today.
What happened to you was a violation of your body, your trust, and your right to make informed decisions about your own health. The person who infected you — knowingly or recklessly — should be held accountable for the harm they caused.
You do not have to navigate this alone, and you do not have to be afraid to come forward. We have handled cases like yours before, we understand what you are going through, and we will fight to make it right.
Farrah Martinez, Her Injury Lawyer team are here for you — with complete confidentiality, genuine compassion, and relentless advocacy.
Free, confidential consultation. No fee unless we win.