Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My wife was verbally abused by a neighbor while she passed

Customer Question
his car in the community?...
My wife was verbally abused by a neighbor while she passed his car in the community?
Submitted: 7 years ago.Category: Legal
Ask Your Own Legal Question
Answered in 5 minutes by:
11/1/2010
Lawyer: MShore, Attorney replied 7 years ago
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
Verified
Thank you for the post, what question can I answer for you regarding the verbal abuse?
Ask Your Own Legal Question
Customer reply replied 7 years ago

2 Questions:

 

(a) What should I do next - go to the police and register a case, file a case with an attorney for Personal Injury? and what are my chances of success?

 

(b) As my wife had sent an email identified the person who abused her by name and profession, is she liable for a case of slander/libel by the person who abused her

Lawyer: MShore, Attorney replied 7 years ago
Hello, what exactly did the neighbor say?
Ask Your Own Legal Question
Customer reply replied 7 years ago
She started from the house and before had passed a couple of houses, saw a car that was parked on the side. Not realising it was one of the parents waiting for their kid to start in the school bus, she went around the car and immediately was stopped by a very agitated person from the side walk banging on the window. When She stopped and rolled down the window he started accusing her of driving at 50 miles and called out "Are You a f**king Lunatic, don't you see the car stopped in front of you?". - those were the exact words from him and he repeated this a couple of times. She was shocked and embarrassed knowing that our five year old was witnessing this conversation. She tried to calm him down even apologising to say that She had misunderstood the car to have been parked rather than waiting. But he would not stop. Thanks to the person sitting in the car who came out to pacify and get this person to stop shouting.
Lawyer: MShore, Attorney replied 7 years ago
ok, has your wife sought any psychological treatment as a result? I ask because an actionable assault requires the threat of physical harm, which did not occur.
Ask Your Own Legal Question
Customer reply replied 7 years ago

Not yet. She has not sought psychological treatment, however has been significantly impacted and disoriented coming-off this experience.

Lawyer: MShore, Attorney replied 7 years ago
Thank you, XXXXX XXXXX until a mental health profession diagnosis her as having emotional distress brought on by this incident she would not have a claim against the other party because the other party's action are not criminal (no threat of violence) and yelling at another adult is not actionable unless the adult being yelled at suffers emotional distress as a result and such distress is reasonable under the circumstances.
Ask Your Own Legal Question
Customer reply replied 7 years ago

On the second question, is my wife liable to a libel/slander case because she went public in a community forum with he being verbally abused and identifying the person, profession and his address. To be precise she used the below words in the email to the Community Forum.

 

A quick update on the previous thread - Homeowner living atXXXXXhas had a similar unpleasant experience with the owner ofXXXXXwhile driving with her 14 year old son, past his home. I googled to find that the name of the owner atXXXXX- Joeseph C Dorfman and that he is a pediatrician by profession. I would expect a person in such a profession to know better than harassing and verbally assaulting women driving with their kids. Going forward even if there is a genuine traffic violation, he or anyone for that matter is expected to report to authorities and not resort to bullying the drivers.

I am not sure if the owner ofXXXXXhas subscribed to this google group. If he has not, and any of his friends/acquaintances are in this group, please forward the details to him. I wish that he gets an opportunity to read and respond. An explanation for his behaviour and an apology would be even better.

Lawyer: MShore, Attorney replied 7 years ago
Hello, yes she is. This is because in her statement she stated: "I would expect a person in such a profession to know better than harassing and verbally assaulting women driving with their kids." This implies, via use of the plural forms of woman and child that he has engaged in harassment and verbal assault, both of which are legal conclusions, on more than one occasion in the past or that during their interaction there was more than one woman and child in the vehicle. She could be held liable for slander.
Ask Your Own Legal Question
Customer reply replied 7 years ago

Should we prepare for a defence for the Slander and what is the recourse given the incident that triggered the reaction was my wife was verbally abused. There is one other women in the neighborhood who was verbally abused as well and there is a trend that my wife was reacting to.

 

Lawyer: MShore, Attorney replied 7 years ago
Hello, it is unlikely he would file suit against you for slander here, the statement are not so damaging as to warrant the effort and expense of filing suit. Rather than plan for a defense, your wife should remove the post and/or issue a retraction. Unless your wife witnessed the other incident of verbal abuse or it is accepted as fact (i.e. he does not deny it) commenting on another alleged incident as though it occurred would be slander if it did not.
Ask Your Own Legal Question
Customer reply replied 7 years ago

Thank you. One last question - the post has already been removed. Should she also send a formal retraction by email. Is there a merit for me to sit with the neighbor and close out the issue or is there a risk to that

Lawyer: MShore, Attorney replied 7 years ago
Hello, yes she should publish a retraction/clarification statement. There really isn't any risk to the sit down with the neighbor, it may help to put the matter to rest.
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
Verified
MShore and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask MShore Your Own Question
MShore
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
25,285 Satisfied Customers
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.

MShore is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a question about insurance and personal injury. Az.
I have a question about insurance and personal injury … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I am getting a personal injury settlement check for a little
I am getting a personal injury settlement check for a little over $30,000. I have some old judgments against me totaling like 500k but over 10 years old and not on my credit report anymore. I don't th… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,022 satisfied customers
Is bullying considered a personal injury? Alabama about a
nothing yet homeschooling now because no one would do anything … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
I won an Arbitration for $10,000. In a personal injury civil
I won an Arbitration for $10,000. In a personal injury civil suit stemming from a car accident. The driver had insurance and lawyers hired by the insurance company. The problem is on the day of call s… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Help me on my recent Automobile personal injury/accident.
Please help me on my recent Automobile personal injury/accident. About 10 years ago, I had a car accident resulting concussion, back, neck injury in MA. Since then, I recovered a lot (but not 100%) fr… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Personal injury---maritime--- actI was injured in april 2015
Second opinion] personal injury---maritime---jones actI was injured in april 2015 while working as a deckhand on a dinner cruise boat in D.C., i've filed a lawsuit, in which the judge states my claim … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,867 satisfied customers
Tina, I have a personal injury case at this time. I asked my
Hello Tina, I have a personal injury case at this time. I asked my attorney to step down … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have a careless driving ticket w/ personal injury in NJ
I have a careless driving ticket w/ personal injury in NJ due to an accident wherein I was stopped behind a slow-moving line of traffic and the car behind me hit me at full speed (~35 mph). As a resul… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,188 satisfied customers
I have question about a personal injury auto claim.. Got a
I have question about a personal injury auto claim … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
I need a personal injury lawyer to phone me I signed for an
I need a personal injury lawyer to phone me I signed for an agreement with the defendant, now I want to modify it. … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
I cannot locate a personal injury attorney that will take
I cannot locate a personal injury attorney that will take this case,because no physical injury has occurred. However, the mental health injury of PTSD and manic depression I believe is just as severe … read more
Bill Attorney
Bill Attorney
law
1,401 satisfied customers
Personal injury lawyer question California. California.
Long story short Lawyer promised a certain amount of $$, settled 10 days ago, after him stating he would get more money. Husband has to have surgery permanently injured and this lawyer never went to our insurance company, for the overage needed to make my husband whole again … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
I would like to ask a personal injury attorney some
i would like to ask a personal injury attorney some questions about a potential case … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
We where involved in a personal injury lawsuit. Our lawyer
We where involved in a personal injury lawsuit. Our lawyer paid the neurosurgeon $7250.00 to come be a witness as a treating physician. We settled out of court.Now he is refusing to return the money. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,474 satisfied customers
Cannot file claim for personal injury regarding a hiking
Cannot file claim for personal injury regarding a hiking incident because of land immunity. State park fails to address the endangerment that follows, can easily be avoided with a sign of hazard. At l… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,956 satisfied customers
Is it worth appealing a Texas personal injury case which
Is it worth appealing a Texas personal injury case which occurred in Louisiana between 2 Texas residents but judge just granted defendants motion to apply Louisiana law to this case which kills the la… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
In a personal injury case I have the Defendant is referring
In a personal injury case I have the Defendant is referring to a cause of action as "HED" i dont know what this means do you my guess is they want to refer to it as intentional infliction of emoitiona… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Alright! As a pro se litigant pursuing a personal injury
Alright! As a pro se litigant pursuing a personal injury claim, is it possible to legally sue someone who has established a temporary restraining order againsy you in the State of Hawaii. Therefore, c… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x