Hello friend. My name is ***** ***** welcome to Pearl. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation. Here, you may indeed have a case. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Here, you may have a case for intentional infliction of emotional distress
. The elements of a cause of action for intentional infliction of
emotional distress are:
(1) the defendant acted intentionally or recklessly,
(2) the conduct was extreme and outrageous,
(3) the acts of the defendant caused the plaintiff to suffer emotional distress; and
(4) the emotional distress suffered by the plaintiff was severe.Kroger Tex. Ltd. Partnership v. Suberu, 216 S.W.3d 788, 796 (Tex.2006); Twyman v. Twyman, 855 S.W.2d 619 (Tex.1993).
Here, the PO arguably acted recklessly/intentionally, the mater was extreme and outrageous, and you suffered serve emotional distress due to it.
It is recommended that you contact an attorney. May I recommend the Texas Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. Many attorneys will take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.
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