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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118201
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is severe PTSD that causes damage to your brain by a financial

Customer Question

Is severe PTSD that causes damage to your brain by a financial predator terrorist, considered assault in North Carolina?
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
I am afraid that the PTSD caused by this "terrorism" has not yet been recognized by any court in NC to constitute an assault. If you can prove fraud by the predator, then it could be possible that you could recover for intentional infliction of emotional distress. Under NC law In order to prove a claim for intentional infliction of emotional distress, the plaintiff is required to show that the defendant (1) engaged in extreme and outrageous conduct, (2) which was intended to cause and did cause (3) severe emotional distress. Hogan v. Forsyth Country Club, 79 N.C.App. 483, 340 S.E.2d 116, review denied, 317 N.C. 334, 346 S.E.2d 140 (1986). The tort may also lie where a "defendant's actions indicate a reckless indifference to the likelihood that they will cause severe emotional distress." Dickens v. Puryear, 302 N.C. 437, 452, 276 S.E.2d 325, 330 (1981). The statute of limitations for the tort of intentional infliction of emotional distress is three years. Id. at 444, 276 S.E.2d at 330. "Civil actions can only be commenced ... [within the three-year period], after the cause of action has accrued,...." N.C.Gen.Stat. § 1-15(a) (1983).

Thus, if you have evidence on this individual that they are engaging in such extremely outrageous behavior, your cause of action in addition to your fraud claim would be the intentional infliction of emotional distress.

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Customer: replied 4 years ago.

In many states, terrorism and threats by mob is I thought considered criminal harassment.....whether it is an done to an adult or child. Perhaps I should have included this question to that is what happened to me to the point of PTSD and placing my life at risk of harm of suicidal ideations and permanent damage to my brain.

Expert:  Law Educator, Esq. replied 4 years ago.
I did understand what you were getting at in your ordinal question, it is not assault, which is what you asked. As far as it being harassment, the problem with these mobbing cases is the DA cannot gather sufficient evidence to show the connection between the individuals to show they are acting in concert. For some reason in these cases that connection seems to be the most impossible thing for the DA to show. However if the DA could show the connection, it would be prosecuted as harassment. However, since the burden of proof in a civil case is much lower than in a criminal case, many DAs refer these cases to civil court and do not handle them in criminal court.
Customer: replied 4 years ago.

No problem showing the motive or connection as it appears I was targeted by a criminal psychopath and I did a personal audit of his business public records and it was all there and he is now under the connection was that I was an auditor and he feared I was the one person that could expose him so he was in fact acting out to spread rumors to discredit me as a witness and yes, I have it in writing by each member of his brainwashed mob directed to me and others in e-mails done behind my back of course.

Expert:  Law Educator, Esq. replied 4 years ago.
If you have a writing from the mob, then the DA can pursue this typically as harassment, not generally as assault.
Customer: replied 4 years ago.

Thanks so much Paul.....It has been inferred that this is both common law criminal harassment and criminal extortion as well, as the threats were intended to intimidate me into remaining silence and not report him and others to law enforcement.

Expert:  Law Educator, Esq. replied 4 years ago.
That is a new allegation you are adding. If he is threatening you to not file a complaint, yes, this is a criminal act and it is something with evidence the prosecutor's office will charge him on.
Customer: replied 4 years ago.

Clearly then I am dealing with some incompetent law enforcement staff that keep telling me this is a civil matter and everyone else is telling me it is a criminal thank you so much as I feel more secure in pressing those points with them or getting another officer that "get's it".

Expert:  Law Educator, Esq. replied 4 years ago.
You have to understand that while what is happening to you may fit the elements of a criminal act, depending on the strength of your evidence of course, the DA has the ultimate discretion in who, what, where, when and how to charge and as such the DA does not have to charge anything even if the acts may fit the elements of a crime and can refer the matter to a civil suit.