Legal Question in Civil Litigation in Colorado

Re: What do I do?

You could sue on theories of negligence and/or battery, but you're unlikely to be happy with the outcome. First, it is difficult to prove that she not only knew she had herpes, but knew she was infectious at the time you had sex with her. Second, it is difficult to prove she was the partner who infected you; you also open your entire sexual history to scrutiny, as well as every sexual partner you've had, and you may not care to put yourself, or them, through that. Third, your ability to collect damages will be limited: insurance companies exclude intentional torts (things people do deliberately) from their coverage, and unless she's personally wealthy a money judgment against her may be meaningless. And while your lawyer may be working on a contingent fee (the lawyer gets paid if you do), any experts hired or investigation costs will come out of your pocket.

Yours is a difficult and hurtful situation. You may wish to decide to put this painful relationship behind you, find out from your doctor how best to control and lessen the effects of your infection, and be as honest with your future friends as you wish this one had been with you.