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Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1845
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am in the process of beginning an action of IIED against

Resolved Question:

I am in the process of beginning an action of IIED against two men who have been deliberately inflicting emotional distress on me for ten years. (Until three years ago, I did not suspect that they were the source of my distress.) The statute of limitations is two years for IIED. And the worst inflictions of emotional distress have been within the last two years. But what about the earlier inflictions of distress, those that occurred more than two years ago? If my lawyer can show that the earlier inflictions of distress were all part of the same conspiracy with the same purpose, is it possible that the judge would allow the earlier inflictions of distress to be considered in court?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Brandon, Esq. replied 1 year ago.

PI-Expert :

Hello and thank you for your question. Are you online with me?

PI-Expert :

Welcome to the chat

PI-Expert :

First, let me say that I am terribly sorry to hear that you are in this situation. Concerning your question, the attorney may be waffling on the question because the answer is a little difficult to understand. To actually have a claim for IIED, the actions in question must be within the statute of limitations. Thus, there must be some specific incidents which occurred within the statute in order for you to get damages.

Customer:

yes, I'm on line

PI-Expert :

Then, the attorney will use what is known as the continuing violations doctrine to allow you to sue for damages for the full 10 years worth of violations since the last incident which occurred within the statute of limitations period.

Customer:

Yes, I understand that. And there have been

PI-Expert :

If the court concludes that the conduct alleged occurred during the final stages of the ongoing conduct, are within the same scope as that which began it, then all of the information can come in.

Customer:

Thank you so much! that is just what I wanted to know.

PI-Expert :

Not a problem. Have I fully answered your question today?

Customer:

Well, could you tell me what "within the same scope as that which began it means" - I don't know what the legal meaning of "scope" is.

PI-Expert :

So they will have to show that the harassment is ongoing. For example, if they were to constantly harass you for 5 years, then not harass you for 5 years, then start harassing you again, the first five year period would likely not be of the same type as the harassment in the last year.

PI-Expert :

So, you would not be able to include the first five years of information in your current IIED claim.

PI-Expert :

If, however, the harassment is ongoing, it is easier to link together.

Customer:

Yes, I understand. Many thanks: you have helped me a lot!

Brandon, Esq., Attorney
Satisfied Customers: 1845
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Brandon, Esq.
Brandon, Esq.
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359 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.