Should I Make a Claim or Not?
By LooeyVille
@LooeyVille (54)
United States
September 15, 2026 2:17pm CST
You've no doubt read about my getting "spit" on while getting a massage and the resulting cold sore (herpes) as a result.
I feel as though they owe me something for damaging me as herpes will be permanently in my body now and may cause future flare-ups or other problems.
One of my friends thinks the cold sore is "no big deal" and that it was an accident (she didn't spit on me on purpose) and advises me to not pursue a claim with them.
I am definitely going to ask for a refund for that day's treatment and reimbursement of my medical and medication costs. But I feel like I want to also ask for a monetary settlement for what this has done to me. I have drafted a very professional letter advising them that I want them to report this incident to their insurance company and that I will be making a claim for a monetary award once I know the full extent of how this will affect me.
Normally I would let something like this go, but this time I feel like I've been a doormat for many years and need to pursue it.
What is your opinion?
10 people like this
10 responses
@Ineeddentures (44574)
•
2h
Well if you were my wife I would be asking you to claim.
Why the hell would anyone let that go?
My god you won't even be able to kiss your husband with any confidence ever again
Herpes will be there in your mind.
And you won't actually know when it's active because it's not always visible
I learned about Herpes in the army
It really can ruin lives
Your friend who says it's no big deal is an idiot
Don't be a doornat
2 people like this
@Juliaacv (57483)
• Canada
4h
You went there on your own free will, and it most likely was done accidentally.
I would imagine that it would be nearly impossible to prove a case.
I wouldn't look at it as being a doormat so much as well, just life, that is all I would chalk it up to.
2 people like this
@wolfgirl569 (140484)
• Marion, Ohio
51m
It would be hard to prove. Especially with the sore showing up the very next day.
1 person likes this
@MarieCoyle (62993)
•
40m
Do you have a lawyer you use, who could answer this? If I were you, I think I would. I know I definitely think they at least owe you for the day's treatment there, and the medical/medication costs. And I have to ask...do you know anyone who ''accidentally'' spits on people? I do not. If she has a spitting problem and cannot control it, then she needs to always wear a nice, thick mask. Spitting is unacceptable.
I understand wanting to make a claim, I really do. But doing that is going to be a long, involved thing for you...if it goes to court and you would happen to lose, then you are out your legal fees and your court costs, so that's the chance you have to take in this. I don't know the chances of winning something like this, but if you have a good lawyer, he or she could advise you on this.
1 person likes this
@AmbiePam (127110)
• United States
5h
I think you’re going to have a very hard time proving your case. I’d ask for my money back, but then move on. But you’ve been overloaded with medical problems lately and I understand how you must feel fed up with it all. You’ve definitely got our support.
1 person likes this
@RasmaSandra (100895)
• Daytona Beach, Florida
3h
If a health care worker works so close with people and has something infectious, they should wear a mask. I say go and get your rights
1 person likes this
@Wrexxo (7392)
•
3h
That's rough, honestly I'd be mad too if something like that happened during a treatment. Getting the refund and medical costs back sounds fair, but before you send that letter maybe just talk to a lawyer first so you know what you can actually claim. Standing up for yourself is good, just make sure it's solid before you go all in.
1 person likes this
