Can You Sue Someone After 2 Years – The short answer is, yes, you can sue someone for emotional abuse. The attendant question is, is it economically viable to do so in your particular facts and context?
If you still have questions after reviewing this article, give me a call or submit the contact form on this page for a free consultation.
Can You Sue Someone After 2 Years
Suing for Emotional Abuse 1 – Emotional Abuse 2 – What Does the Court Consider Emotional Abuse? 3 – Can you sue someone for emotional abuse? 4 – How Much Compensation You Can Get for Emotional Abuse 5 – How to File a Claim for Emotional Abuse Resources 6 – Getting Help with Your Emotional Abuse Lawsuit 7 – Helpful Literature, Citations and Research 8 – About the Author 9 – Legal Aid in Maryland and Nationally
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Emotional abuse refers to the act of hurting another person through some harmful and negative methods.
Deception is often of a compulsive, controlling nature to shame, humiliate, blame, or generally demonize and manipulate a person and their feelings.
Psychological abuse can happen at any age. This type of abuse can come from family members, loved ones, relatives or people you care about.
This last group can be found in children under the care of guardians or teachers, or disabled people under the care of families or professionals who help them, as well as the elderly in care homes.
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Emotional abuse is common for many people in care homes as it reduces their ability to live independently or care for themselves.
This is because seniors often live full-time in an assisted living facility or have most of their care in the hands of care nurses in retirement homes.
The emotional abuse that elderly and disabled people receive in care homes is often accompanied by many other forms of abuse, including physical, psychological and financial abuse.
Apart from physical abuse of people in care homes, where visible injuries may be recorded, emotional abuse is more difficult to identify and record because of “similarities in its characteristics to behavior that occurs alone at their age, particularly withdrawal, depression and aggression”.
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There is no denying that emotional abuse is difficult to identify, but there are some common signs that are often associated with these cases of abuse.
Signs that someone is being emotionally abused may include, but are not limited to:
Sometimes you can even say that the other person is emotionally abusive. Emotional abuse may be possible if you witness someone engaging in the following behaviors with you or another person:
It is important to remember and be aware of these signs of emotional abuse because more often than not, people are unaware that they are being emotionally abused.
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This can lead to them being abused for a long time before they know they need or can get help.
The CDC identifies emotional abuse as the most damaging part of development, and research shows that 50%-80% of adults may experience emotional abuse in their lifetime.
What’s worse is that many people are unaware that they are being abused, so they blame themselves for the problems and poor treatment caused by the other party’s manipulations.
For older people, this means being careful when they are hurt and emotionally abused because they blame themselves.
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Courts have created more protections and better definitions for emotional abuse because the problem clearly isn’t getting better and is getting worse in some places.
A specialty is whether emotional abuse is on the rise or the aging population is declining.
A major reason for this increase is that as more people live longer, prevalence problems such as abuse have and will continue to increase.
As courts have also noticed the rise of this problem, they have increasingly considered it in laws and policies to support and protect the aging community.
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Emotional abuse is also known by other names such as emotional abuse and psychological abuse. These verbal abuses cause injury to the victim and in serious cases in civil courts as well as criminal courts, help the victim get justice and compensation.
Although there is no single legal definition of this type of abuse, some basic beliefs include repeated actions that harass or hurt a person.
The Department of Human Services defines emotional abuse as “the intentional infliction of pain, suffering, or intimidation by verbal or nonverbal acts or the denial of civil rights.”
If you want to know if someone can sue you for emotional abuse, the answer is yes. Most courts across the country agree and recognize that emotional abuse can cause serious harm to a person.
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The ability to sue in court for damages allows individuals and victims’ families to seek compensation for their abuse or the abuse of their loved ones.
However, it is important to note that you must prove that emotional abuse occurred under the legal definition of emotional abuse in your state. This is where the assistance of an attorney experienced in elder care law, emotional abuse and tort law can help your case.
Gathering evidence such as medical records, video, audio or photographic evidence, and eyewitness reports can help your elder emotional abuse attorney fight a wide range of injuries, including wrongful death and convictions.
Although you can file a claim for emotional abuse, you should know that the process is complex and often confusing, requiring experience and a high level of expertise.
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Not only is it difficult to file a claim for emotional abuse because the abuse is invisible, but it is also difficult to say that the victim of emotional abuse needs help or is being abused.
Making sure you get consistent evidence as well as physical evidence or witness statements are all necessary steps to help make the process easier.
Connecting the dots between the emotional abuse and the trauma you experienced is a lot of work and is another difficult aspect of the process.
Even with all this done, we must address whether it is financially viable for you to sue someone for emotional abuse.
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The amount of compensation you can recover for emotional abuse can vary from state to state and from case to case.
What region or state are you in? What laws are in your favor where you want to sue?
You can recover anywhere from as little as $10 in some cases or up to $150,000 in other cases.
The amount of compensation in an emotional abuse case depends on whether you settled your situation out of court with the help of an attorney or whether the verdict was awarded by a jury that believed your emotional abuse was meritorious. In the latter.
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Unless the harm to you is significant (not in your eyes, but in the eyes of neutral people who don’t know you and aren’t involved in your life; i.e. a jury), it involves systematic and repetitive behavior, your case is probably not worth pursuing.
Also, unless the person you are suing is wealthy and has a lot of assets, suing that person for emotional abuse personally is not economical.
Many states also have a physical injury component; That is, you have suffered some physical illness as a result of emotional abuse, or you will never recover.
Filing a claim for emotional abuse requires several steps you can take, no matter what your situation.
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The process of making an emotional abuse claim is a legal formality that must go through your local courts.
Your claim process starts with filing the proper paperwork, and to do that, you need a qualified professional to help you.
Identifying, documenting, and gathering evidence are some of the first steps anyone should take to get the ball rolling when it comes to emotional abuse.
After that, the best step is to discuss your issue with a qualified attorney who can help advise you on what to do next. This is an important step to take because an attorney can help you determine whether or not you should file a lawsuit.
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Once this is done, you need to file a claim, then make pre-trial preparations and finally, go through the trial and settlement process.
So, can you sue someone for emotional abuse? There is only one way to know the answer for sure and that is to get a free consultation from an attorney. Because as you learned above, the abuse must be substantial, material things may be required, and you must be a financially recoverable defendant.
To determine if your claim meets these criteria, call me or submit the contact form on this page for a free consultation.
Smith, L. (2013). Elder Abuse: Understanding the Pathways
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