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Loren
Loren, Attorney
Category: Legal
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Experience:  30 years experience representing clients.
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I want to sue my parents for mental anguish. I have solid proof,

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I want to sue my parents for mental anguish. I have solid proof, witnesses, a history of mental issues that I have had to be treated for because of the things that they have done to me over the past 10 years. In a case that I just read where you helped a woman in a situation where she wanted to sue her parents you said that she needed to prove that: 1. The acts of your parents were intentional;
2. The acts were so outrageous as to shock one's sensibilities;
3. The parents' actions was the proximate cause of what you are suffering today; and
4. Your suffered actual damages - mental anguish, depression, anxiety, insomnia, etc. I HAVE BEEN THROUGH ALL OF THIS AND HAVE MUCH PROOF. What do I do next?
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

What you are quoting is the prima facie case for a tort called "intentional infliction of emotional distress". A prima facie case means it is the minimum elements needed to plead a claim.

The classic law school example for this tort is when someone comes up to you and purposely shoots your dog in front of you.

Courts tend to shy away from finding liability for this type of claim since it is so subjective. It tends to be used as a fallback position for other intentional torts. This means that you sue someone for battery, assault and then throw in a count for intentional infliction of emotional distress. It is unusual to see it as a stand-alone claim, but that does not mean it can not be asserted.

You can pursue it pro se, but if you can get an attorney to represent you, it would probably make the case go much more quickly. If the case is strong the attorney should be willing to do i on contingency so it would not cost anything upfront.

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Thank you.

JudgeLaw
Loren and 5 other Legal Specialists are ready to help you
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
          

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