Good Evening,
Thank you for your question and for choosing JustAnswer, I would like to help, if I may
First, let me say how sorry I am for the way your parents have made you suffer; parents should provide a comfort, safety zone, not create anxiety, depression, fear, a failed marriage and everything else which resulted from their dragging you into their fight.
Is there any particular reason why you want to sue them separately ?
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Thank you for allowing me to assist you,
ANDREA, JD. LLM
Member, NY & PA Bar
I figured I would need to since their bank accounts are seperated already and they do not live together anymore
You can sue your parents for either intentional infliction of emotional distress or negligent infliction of emotional distress; the elements are:
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.
However, if you sued them separately, the Judge would Order that the 2 actions be consolidated because your cause of action against each of them arose out of the same incident. It does not matter if they have separat bank accounts, you sode nothing; Judges do this to resolve cases more quickly and it saves the Court's time.
Good Luck!
Please allow me some time to get you the forms for this because it will make things substantially easier fo you. Please give me a few hours. I hope that will be okay?
Thank you very much for your patience.
ANDREA, JD, LLM
Yes mam you can email the forms to me. My email is XXXXX@XXXXXX.XXX. Or if there is a better way to get them to me let me know. I just really do not want to testify on either one of their behalfs because of the emotional distress the both of them have put on me. I am just really scared it will set me back into the same state i was in a year ago, and that is SCARY
Your email was X'd out by JustAnswer to protect your privacy.
I apologize, there are no forms of Complaint for intentional infliction of emotional distress which a plaintiff can just fill out. I don't know where my mind was.
The Complaint must be drafted from scratch and must specifically describe the action of your parents, what you were subjected to and the different ailments and symptoms you suffered as a direct result of their actions.
You must also allege that whatever you suffered was a drect result of their subjecting you to their outrageous actions towards one another and the extent of therapy you had to undergo as a result of what you were made to suffer.
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I would be glad to clarify anything else you need. If there is nothing else,
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ANDREA, JD, LL.M., Taxation
DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel
Attorney
25 yrs exp successfully representing clients in my real estate, family law and criminal defense