Personal injury small claims suit

I contracted HSV-2 (herpes) from a woman who knew she had it and has for 10 years and did not disclose this fact to me.. Medical evidence backs up my claim that she infected me.

Can I file a small claims suit to recover cost of prescriptions, emotional distress, and medical costs for a personal injury case?

Sorry about your circumstances. Yes, generally you can file such a suit. Without knowing your jurisdiction (state), I can only speak generally. In most areas if you can prove the source of infection, you can indeed sue her for damages. Small claims court is informal, cheap, and "user friendly" for litigants. The downside is that recovery is quite limited -- the range (again, depending on state) may run from say $3,000 to maybe $5,000 or $10-15,000 at the highest. Hope all works out for you in this. AJJ

Thanks for the reply. In MI the small claims limit is $3K and lawyers cannot represent either party at the proceeding.

There is another step up that allows 10-25K, but either party MAY have an attorney represent them in court, but neither party is required to do so.

What points and assertions could be useful for recovering damages? Medical bills for sure. Emotional distress? Reckless endangerment? Negligence and/or failure to exercise reasonable care toward another's welfare?

I should note too that wither party may request a jury trial and the decision may ne appealed by either party to a higher court.


By the way and our of curiosity...are you an attorney?

Thanks for your input.