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I want to sue my parent for mental anguish in seperate cases. They are going through a divorce and their trial is set for Febuary 5, 6, 7 of 2010. My Father put my mother into critical condition in the hospital back in 2006 and I was present when he beat her. I was also thrown against the wall during this in trying to protect my mother. He also threated to kill her and when I wouldnt move, he threatened to kill me to. My 2 year old daughter was present too and she saw the whole thing too. She was affected by this also, she wouldnt even let me hold her afterwards. My mother dropped all charges on him and told the police she hit her head. My mother has been having men in her house and I am a witness to that also. So she has been cheating on my father. They both are supenoing me to court to testify against the both of them for their own well being. Since the incident in 2006 with my mother and father I have had many mental issues trying to overcome the bad dreams, nightmares, the tremors, the sleepless nights, the suicidal feelings. I was married at the time. My husband forced me to see a pshychiatrist. I was put on everything from antipshychotics to deppression medicines to anxiety medicine to sleeping medication and everything else under the sun. The medicines caused me to lose feeling which cause trouble in my marriage. It caused me to do things i wouldnt normally do. My husband and I divorced in 2008. I saw my doctor up until this year 2009 and I since then have quit taking all the medicines, but it was by my choice, but I still have nightmares and very sleepless nights. I have alot of memory loss resulting from the trama in 2006. I use to have a really good memory and now I have trouble remembering my childhood and at times 4 months ago. Since I quit taking the medicine my ex-husband and I have been able to reconcile our marriage and he has been a very strong part of my life. We have since then been remarried and our daughter is now 4. I have asked my mother and father to please keep me out of their legal matters and to just stay out of my life, but they insist to still serve me with the papers to show up in court. As the date gets closer I have been losing weight, having bad dreams once again of the horrifing night, I have had about 6 hours of sleep in the past week. I look like a walking zombie. I have called my psgyciatrist once again to go see him next week because the lack of sleep is turning me into a monster. My parents do not care about the well being of me, they only care about their assets, and I dont care about any of it. I just want my health back and my family to be normal and for them to leave me alone. So my question is....Can I sue my parents separately for mental anguish for a large amount of money? I want to do a large amount so that they will think about their own greed and then give them some sort of safety, that if they leave me alone and my family alone and drop me off the supeona that I will drop all charges. I just want my health and my husband and daughter to be well, and at the moment it seems like its depleting again and I need legal advice because this seems to be completely wrong.

Submitted: 13 days and 1 hours ago.
Category: Legal
Value: $18
Status: AWAITING CUSTOMER ACTION
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State/Country relating to Question: Mississippi

Posted by Andrea 12 days and 23 hours ago.

Info Request

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 ?

 

 

 

________________________________________________________________________

 

Kindly press the "ACCEPT" Button so that I may receive credit for continuing to assist you.

 

 

Leaving Positive Feedback, Bonus, etc., is always appreciated

 

 

_________________________________________________________________________

 

Thank you for allowing me to assist you,

 

ANDREA, JD. LLM

Member, NY & PA Bar

 

12 days and 9 hours ago.

Reply

I figured I would need to since their bank accounts are seperated already and they do not live together anymore

Posted by Andrea 11 days and 18 hours ago.

Answer

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.

 

 

________________________________________________________________________

 

Kindly press the "ACCEPT" Button so that I may receive credit for continuing to assist you.

 

 

Leaving Positive Feedback, Bonus, etc., is always appreciated

 

 

_________________________________________________________________________

 

Thank you for allowing me to assist you,

 

ANDREA, JD, LLM

Member, NY & PA Bar

 

 

11 days and 14 hours ago.

Reply

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

Posted by Andrea 11 days and 11 hours ago.

Answer

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.

 

 

 

________________________________________________________________________

 

Kindly press the "ACCEPT" Button so that I may receive credit for continuing to assist you. That is the only way I can get paid

 

 

Leaving Positive Feedback, Bonus, etc., is always appreciated

 

 

_________________________________________________________________________

 

Thank you for allowing me to assist you,

 

ANDREA, JD, LLM

Member, NY & PA Bar

 

Answer

I would be glad to clarify anything else you need. If there is nothing else,

 

 

Please press the GREEN "ACCEPT" button so that I may receive credit for my time and effort in assisting you. It is the only way I get paid.

 

 

JustAnswer and the Attorneys who help you, work on the Honor System. They expend time and effort researching your questions so that we can give accurate and correct answers.

 

We would like to think that our customers ascribe to a similar Honor Code

 

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

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

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Expert: Andrea
Pos. Feedback: 98.9 %
Accepts: 
Answered: 11/12/2009

Attorney

25 yrs exp successfully representing clients in my real estate, family law and criminal defense

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