Can You Sue If Someone Makes You Sick?

Getting sick is a nuisance at best, and a serious interruption to your life at worse. Depending on the illness, you could end up with thousands of dollars in hospital bills, lost income from taking sick days at work, physical pain and discomfort, and emotional stress from your condition. If you can pinpoint exactly who made you sick by spreading germs or transmitting an illness, it may be worthwhile to sue that person for your damages. Here’s what you need to know about these types of claims.

You Must Establish Negligence

Technically, you can sue anyone for anything in the Texas civil courts. For your claim to lead to successful settlement or verdict, however, you have to prove negligence. In broad terms, “negligence” can mean any action that falls outside of reasonable standards. These standards will depend on the relationship between the plaintiff (injured party) and the defendant (party allegedly responsible), as well as the circumstances of the situation. Proving negligence can be tricky in cases with a sickness as the alleged harm.

If you believe someone passed you an illness, you will have the burden of proof to show that not only the defendant got you sick, but that he or she did so negligently or intentionally. Proving negligence means presenting evidence, such as testimony from a professional, that shows a reasonable and prudent person a similar situation would not have done what the defendant did. For example, a reasonable and prudent restaurant owner would not have failed to properly refrigerate food, therefore preventing food poisoning.

It can be difficult to prove negligence in cases involving the transmission of illnesses. However, some cases are more cut-and-dry than others. For example, if an unsafe housing or workplace environment caused the sickness, it can be easier to prove that a hazardous condition exists, and that a prudent property owner would have eliminated or prevented the condition. A sexually transmitted disease is another common reason to file a civil lawsuit. In this case, it can be easier to prove negligence if the defendant knew or should have known about the disease at the time of passing it to another person.

When is a Lawsuit a Good Idea?

Just because you can sue someone doesn’t always mean you should. If your sickness has led to expensive medical care or a lifelong condition, it is most likely worthwhile to sue. If, however, you simply contracted the common cold or flu from a coworker, it might not be worth your time, money, or energy to sue. That being said, talk to an attorney if you’re curious about your rights to sue. If someone intentionally made you sick, a tort claim could be the best way to protect your rights. Damages you could sue for in an illness case include:

• Hospital bills
• Medication/medical device costs
• Cost of live-in care
• Lost wages and lost capacity to earn
• Chronic pain
• Emotional distress or suffering

If someone makes you sick, you can consider filing a lawsuit against the person. In the right circumstances, a lawsuit can be the optimal way to recover financial losses and bring the defendant to justice. To learn more about your individual claim, contact a personal injury lawyer in Houston.