Legal Question in Criminal Law in Minnesota

Re: Reckless Endangerment

You could well have a claim against your former boyfriend. Whether your claim would be successful depends on the nature of your relationship with him (ie did you inquire about his status, and if so, what did he say), whether he in fact knew he was a carrier, and whether it is possible you contracted the disease from another person. Proving liability is only half the battle, however. The greater question might be whether, if liability is proven, you can prove damages and have some reasonable likelihood of collecting.

It may seem a rather cruel injustice, but merely proving liability is not enough. I image you could probably prove liability, and monetary damages -- for counseling and medical bills, "pain and suffering," future loss of consortium, etc. The real question, however, is whether there is a reasonable likelihood of collecting a damage award. In some cases it is possible damages may be covered by insurance. It is also possible he has the resources to pay a judgment. Without much more information it is difficult to determine the merits of a claim, and the reasonableness of finding an attorney to handle it.

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Re: Reckless Endangerment

I agree with Mr. Jesperson's comments. It would appear that you have a very good case with respect to liability. That means, your boyfriend was negligent in failing to inform you of his condition and, as a result, acted in such a way where you were damaged.

The problem from a practical standpoint is how do you get paid. It is not an issue that is covered by insurance. As a result, unless your boyfriend is independently wealthy and there are many assets you can reach, chances are that you would acquire a Judgement that is essentially uncollectible. The lack of a "deep pocket" makes it less likely that a lawyer would take the case since there is a poor likelihood of a pay day at the end.

It is unfair, I admit. Unfortunately, it boils down to the old adage that you cannot get blood from a stone.

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