There is a statute of limitations involved with this case. The actual length of time you have to file differs from state to state, so you will need to check with your lawyer. The time at which the statute of limitations begins can also vary from when you started seeing symptoms to when you were officially diagnosed.
The law also only allows for monetary recompense. At this time there is no cure for the herpes virus. Legal damages should include life-long medical care and treatment including prescription and over-the-counter medicines, and therapy and counseling. In some cases the extra care for high-risk pregnancy can be included as there is a risk of the infant being infected with the herpes virus. Pain and suffering may also be included as well as punitive damages.
However, in order for the tort to be successful, you will need to prove that the defendant knew or should have known that he or she was infected with the herpes virus. This may be proven through the defendant’s medical records, testimony, or through the testimony of previous sexual partners. Furthermore, you will need to prove that you were not aware that the defendant was infected with the herpes virus at the time of transmission. Finally, you will need to prove that you were infected by the defendant and not by someone else.
The best course of action would be to speak with a lawyer and go over the facts so that the lawyer can give you a professional opinion about filing a tort.