2006-08-24 08:12:24 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, it can be called emotional abuse or psychological abuse, especially when it comes to domestic violence
2006-08-24 08:15:34 · answer #1 · answered by belladona_ph 3 · 0⤊ 0⤋
It depends upon the state law on this tort claim. If your state does recognize such tort claims, then you must prove that outrageous conduct by the defendant has intentionally caused some degree of emotional distress (i.e., medical attention, counseling, etc.). It is not simply sufficient to allege my head hurts and that I lose sleep at night, you must be able to show some degree of emotional distress such as medical records, diagnosis, medications, etc.
Remember, once you bring such a tort claim, you are opening the door to your medical history and status being public in court proceedings, thus it becomes public record. So, if you feel comfortable about your situation and business out in the public (which may affect future jobs, etc.), then go for it!
2006-08-28 03:23:26 · answer #2 · answered by It is . . . 5 · 0⤊ 0⤋
In all seriousness, you can pretty much sue for anything...doesn't mean you'll win or that the judge won't throw the case out. If I thought I could sue for emotional distress and win, I would.
2006-08-24 08:18:35 · answer #3 · answered by SBean_29 3 · 0⤊ 0⤋
Depends on if there is more to the claim. You can't just say that your ex inflicted emotional distress on you and sue him. You need to have a legitimate claim to which you can add emotional distress. Need more information for a better answer!!
2006-08-24 08:40:22 · answer #4 · answered by Goose&Tonic 6 · 0⤊ 0⤋
Intentional Inflection of Emotinal Distress is, as indicated above, allowed in almost all states. There are also some specific causes of action (emotional distress caused by negligent handling of casket, etc.)
Assuming that you could not prove that the person INTENTIONALLY caused your emotional distress, many states allow negligent infliction of emotional distress, but even then, there must be a physical injury in addition to the emotional distress, or you must be in the zone of danger, or there must be a "special relationship."
Example -- Mom sees child struck by motor vehicle in her presence, many states would allow the mother's cause of action.
Same example, but instead of mother, a neighbor sees the child injured -- too bad, not a close enough relationship.
Mother is narrowly missed by a car, causing a heart attack and emotional distress. Good news -- mom gets a cause of action because she was in a zone of danger.
Airplane is crashing due to negligent maintenance. Miraculously, mother survives. Her prayers being answers, she is entirely and completely uninjured. Good news, cause of action becasue she was in the zone of danger.
Boyfriend plays mind games with girlfried, hurts her feelings, etc. Too bad, no cause of action.
Good luck.'
2006-08-24 08:56:59 · answer #5 · answered by robert_dod 6 · 1⤊ 0⤋
Most states recognize a tort claim for Intentional Infliction of Emotional Distress.
Some also recognizes Negligent Infliction of Emotional Distress.
It all depends on the state.
2006-08-24 08:14:31 · answer #6 · answered by coragryph 7 · 1⤊ 0⤋
Certainly you can always sue. . .it doesn't necessarily mean that you will win.
2006-08-24 08:17:46 · answer #7 · answered by kobacker59 6 · 0⤊ 0⤋
it is recognized but is rarely awarded without psychiatric opinion (which is from both sides).
2006-08-24 08:20:41 · answer #8 · answered by zhadowlord 3 · 0⤊ 0⤋
i think so.
2006-08-24 08:15:36 · answer #9 · answered by Jason 3 · 0⤊ 0⤋