Yes, you can sue for emotional abuse in the United States since the court recognizes it as a legitimate cause of injury. The aftermath of verbal abuse may not seem like that of a vehicle crash, but it is still very real. Discuss your case with an attorney if you are wondering how you can sue for emotional abuse.
As an added note, reporting emotional abuse may be required by law in states with legislation against domestic violence. You need the assistance of an attorney if you want to file a claim for damages due to emotional abuse. A personal injury attorney from The Buzbee Law Firm may be able to help you pursue compensation.
What Is Emotional Abuse?
Emotional abuse is an unpleasant feeling (like grief, shame, or anger) caused by someone else’s intentional actions, for which you may be able to seek compensation in certain circumstances. A physical injury can help the case but may not be necessary for you to get compensation.
You can sue for emotional abuse when the following happens:
- Abusive behavior toward a spouse
- Child abuse
- Abuse of the elderly
- Name-calling
- Stalking
- Abuse in nursing homes
This concise list might not have your particular case listed, but this doesn’t mean your case doesn’t qualify for compensation. Contact a Texas personal injury attorney to know whether your claim falls under emotional abuse.
How to Prove Emotional Abuse in Court?
To determine if you have a valid claim for emotional abuse, you must look at the available evidence. You must show you had actual emotional distress to win a lawsuit seeking compensation for stress or other mental suffering.
Here are some instances of evidence that might support your argument:
Injuries to the Body
If you suffered visible wounds due to the traumatic episode, it is hard not to spot them. Ulcers, memory loss, and headaches are all physical symptoms that might indicate psychological discomfort. The length of time you’ve been suffering can make your argument more convincing.
Surgical Notes
An important piece of evidence is a report from a professional. It is why getting medical assistance right after an accident is so crucial. Courts are more inclined to find emotional abuse if the triggering event was very shocking or traumatic.
Witness Testimony
A witness who can testify to the incident’s effects on your life will help your case. The character witness might be a member of your family, a friend, a doctor, or a coworker. Our Texas personal injury attorneys can help find a better alternative if you don’t have a witness to testify.
How Much Can You Sue for Emotional Abuse in Texas?
In a personal injury lawsuit, emotional damages are awarded as “pain and suffering,” which are non-economic. No bill, invoice, or other proof can quantify emotional suffering. Also, the emotional toll of an accident is unique for each claim.
Any one formula cannot determine the value of a claim for emotional abuse in Texas. An emotional abuse lawsuit’s worth is up to the parties to negotiate, just as a personal injury case’s value is up to the jury.
As your attorney, we negotiate a per diem fee with the defendant while they determine the worth of your claim. The number of days between your emotional abuse incident and when you were discharged from treatment will determine the amount of money you will get as a per diem for mental distress.
The multiplier technique is another measure used. It occurs when an emotional abuse lawsuit in Texas is given a multiplier depending on the severity of the injuries. The monetary value of your emotional suffering is multiplied by your actual monetary losses by the appropriate multiplier.
What Is the Process to Sue for Emotional Abuse in Texas?
For the emotional abuse claim to be successful in court, you and your attorney must work together. When you connect with us for legal advice, we do more than just gather documents; we consider every aspect of the case. To improve the chances of compensation when suing for emotional abuse, consider the following:
- Present evidence – Gather whatever evidence you can, such as your medical records, work logs, personal journals, and anything else that might help prove your case. The greater the quantity of evidence you collect, the better your case will be.
- Talk to an attorney – Our Texas personal injury lawyers will review your paperwork and advise you on what to do next. We will do all this and more, keeping the time limits in check.
- Witnesses to testify – As your attorney, we will assist you in gathering testimonies from witnesses, family members, physicians, and others to help build your case and determine the level of emotional harm.
- Take legal action for your injuries – We will handle any claims related to your mental anguish.
- Prove your case in court – The parties will attempt to agree by exchanging information during the discovery phase. If you can’t reach an amicable settlement, your case will go to trial, and a judge or jury will determine the result.
Types of Emotional Abuse Claims
There are two basic types of emotional abuse claims. Depending on the severity, you may be entitled to submit a specific claim for damages related to the resulting types of emotional abuse.
Negligent Infliction of Emotional Distress (NIED):
The offending party’s actions result in your emotional suffering, notwithstanding their lack of intent. There is no need for actual damage or distress to file a claim of this kind. You would have a valid claim if you were in a potentially harmful area. Accidents caused by intoxicated drivers, negligent doctors, and careless drivers fall under this category.
Intentional Infliction of Emotional Distress (IIED):
This claim occurs when a person causes you emotional and physical pain. Harassment, sexual abuse, discrimination, and other forms of wrongdoing are all examples.
Deadline to Sue for Emotional Abuse in Texas
You must file emotional abuse claims within two years of the incident. Some exceptions apply to this rule in cases of children and injuries discovered later. But there are situations when the deadline is far shorter. We suggest discussing your case with an attorney to know for sure.
We Can Help You Sue for Emotional Abuse!
Weigh your chances of winning an emotional abuse lawsuit with The Buzbee Law Firm. Contact our personal injury attorneys in Texas if you are unsure whether you can sue for emotional abuse. Our lawyers will evaluate your case and determine the applicable statute of limitations, ensuring that you do not lose your opportunity to seek financial compensation for any losses incurred.
