Can I sue my ex for giving me Hepatitis B if he is now admit to being asex addict?

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Can I sue my ex for giving me Hepatitis B if he is now admit to being asex addict?

We have been divorced for 10 years.

Asked on November 13, 2010 under Personal Injury, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are two significant problems for you. First, whether or not he is a sex addict is irrelevant: when people are liable for giving another a sexually transmitted disease or STD, it's because they knew they had the disease at the time and knowing that, intentionally or recklessly had sex with another who did not know of the disease. So if your ex did not know he had hepatitis *at the time,* he would not be liable.

Secondly, the statute of limitations, or time to sue, in Mississippi for this type of action is only 3 years, which means that too much time has gone by. Sometimes, the time may be extended if the person suing did not  know of the disease or injury until recently, and had no reasonable way to know until lately, but that's not a given; and if you knew or suspected more than 3 years ago, there'd be no way to extend the time.


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