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While emotional and verbal abuse might not cause visible injuries, the harm inflicted can be profound and lasting.
If you’re contemplating legal action against an abuser, you might be unsure about how to navigate the court system.
Our experienced attorneys at Schmidt & Clark are here to guide you through the process of suing for emotional abuse. Read on to find out what you need to know and how you can pursue the justice you deserve.
Quick Summary
- The legal definition of emotional abuse is mental suffering experienced because of an accident, negligence, or another person’s intent.
- To sue for abuse or an experienced traumatic event, you should find legal representation and collect the necessary evidence.
- Damages for emotional abuse can be civil (money) or criminal (restraining order).
What is Emotional Abuse?
Emotional abuse is a form of abuse that refers to mental suffering a person experiences because of an accident, negligence, or intent. It is also known as psychological or mental abuse.
There are many different types of emotional distress. Usually, one person is attacked by verbal harassment, which can lead to post-traumatic stress disorder.
“Mental suffering is an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events, or condition.
"Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks or physical illness).”
Cornell Legal Information Institute
Emotional distress can be followed by physical injury because of violence, violent threats, and sexual assault. It usually lasts over a long period and results in psychological trauma for the victim. It has other consequences as well, such as depression, fear, anxiety, guilt, shame, and more.
The most common forms of emotional abuse include:
- Spousal abuse
- Child abuse
- Elder abuse
- Stalking
- Domestic violence
- Nursing home abuse
The US law system recognizes emotional distress as a kind of damage, and you can file an emotional distress lawsuit. Moreover, according to some domestic violence laws, it’s obligatory to report emotional abuse.
Related Article: Is Domestic Violence a Felony?
The Process of Suing for Emotional Abuse
Here’s what you should do when suing for severe emotional distress:
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Document your emotional trauma — Collect anything that could back up your case, such as medical and work records, statements from mental health professionals, personal journal entries, and more. The more evidence you obtain, the higher your chance of winning the case.
- Consult an attorney — A personal injury attorney will review all of your documents and advise you on the next steps. An attorney will also know the statute of limitations in your state for personal injury claims.
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Build the case — Personal injury attorneys will help you consult with an expert to assess the extent of emotional damages and collect statements from eyewitnesses, family members, doctors, and more.
- File a personal injury claim — An attorney will file emotional distress lawsuits on your behalf.
- Discovery process — Both sides will exchange information and try to agree on a settlement.
- Go to trial — If you don’t agree on a settlement, the case goes to trial, where a judge and jury decide on the outcome.
Two Types of Emotional Distress Claims
Emotional distress claims come in two forms. What kind of emotional distress claim you can file depends on the emotional abuse you experienced:
- Negligent infliction of emotional distress (NIED) — This type of distress happens when the other person causes you mental anguish unintentionally. For this kind of claim, you don’t necessarily need to experience physical harm or emotional pain. As long as you were in the zone of danger, you have cause for a claim. This includes drunk driving, medical malpractice, car accidents, and more.
- Intentional infliction of emotional distress (IIED) — It occurs when the other person intentionally inflicts physical and emotional pain. For example, this can include workplace harassment, sexual abuse, employer discrimination, and more.
Related Article: What is Corporal Injury?
How to Prove Emotional Distress?
To prove emotional distress, you must demonstrate that the defendant acted with the intent to cause mental suffering and that their actions resulted in significant emotional harm.
Working with an attorney can help you prove emotional abuse and obtain evidence.
Some things that can be used as evidence of emotional suffering include:
- Documents detailing your relationship with the defendant
- Eyewitness reports — family, friends, co-workers
- Medical records
- Medical bills or therapy bills
- Lists of prescriptions
- Testimonies from medical professionals
- Video, audio, and photos
- Police record in case of physical abuse
- Entries from your journal
- Physical injuries — ulcers, headaches, mental anguish, and impairment are all signs of emotional trauma
Damages in an Emotional Abuse Lawsuit
Emotional distress can have physical manifestations. It can cause physical or mental disorders for which you’ll need medical help.
But, to recover damages, you don’t necessarily need physical injuries.
If there are measurable costs to the emotional harm you experienced, you can get emotional distress damages, such as:
- Lost wages
- Loss of earning capacity
- Medical expenses
In the case of Intentional Infliction of Emotional Distress (IIED), you can even ask for punitive damages from the defendant. Punitive damages are seen as punishment when the defendant’s behavior is seen as especially harmful [1].
The monetary settlement you can get from punitive damages is separate from the actually caused harm. Apart from these civil damages, there are also criminal ones, which usually include a restraining order against the abuser. This happens when the court orders the defendant to stay a specifically determined distance away from you [2].
Note: Restraining orders are most commonly issued when there’s also physical violence.
Criminal damages can also include a no-contact provision, which means the defendant can’t contact you by any means of communication.
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FAQs
Can Emotional Abuse Be Proven in Court?
No, emotional abuse can’t be proven in court, but you can show evidence to support your case. In some states, you can even record threats when you sue someone for emotional abuse.
Can You Get Compensation for Emotional Abuse?
Yes, you can get compensation for emotional abuse. These damages are intended to compensate for your loss, such as therapy sessions, medical expenses, lost income, and more.
What damages can be recovered in an emotional abuse lawsuit?
Damages can include compensation for therapy costs, lost wages, medical expenses, and pain and suffering. In some cases, punitive damages may also be awarded to punish the abuser.
How does the statute of limitations affect emotional abuse lawsuits?
The statute of limitations for emotional abuse lawsuits varies by state and can range from one to several years. It’s important to file your claim within the specified timeframe to ensure it is considered.
Can You Sue for Emotional Trauma Suffered?
If you’ve been emotionally abused, you can sue the abuser and get emotional distress damages. Gather as much evidence as you can when you decide to take legal action. You should also consult a law firm that has experience dealing with emotional abuse cases.
Experienced attorneys will help you collect evidence, advise you on available options, answer all your questions, and help you build a strong case.
Schmidt & Clark, LLP attorneys are experienced in all kinds of civil lawsuits, including emotional abuse. Contact us for a free consultation and get professional legal help.
References:
1. https://www.law.cornell.edu/wex/punitive_damages
2. https://www.womenslaw.org/laws/general/restraining-orders