Can you sue an ex spouse for emotional distress?

April 22, 2021 Admin

Table of Contents

Can you sue an ex spouse for emotional distress?

While the Court dismissed the father’s complaint for intentional and negligent infliction of emotional distress, the Court did announce that one spouse can sue the other spouse for emotional distress. However, the underlying conduct must be consistent with the definition of the alleged tort.

What kind of damages are emotional distress?

Emotional distress damages are monetary damages that are designed to compensate you for emotional harm that you suffered. Let’s say for example that you had sleepless nights, or strains in your family relations, or reputational harm. And there are two main ways to prove emotional distress damages.

What are the 3 types of damages?

There are 3 types of damages in personal injury claims: economic damages, noneconomic damages, and punitive damages.

How are damages calculated?

The damages to which you are entitled are typically calculated based on the severity of your injuries, the underlying circumstances of the incident in question, and whether the case settles or proceeds to a trial. The following factors are typically considered: Medical treatment expenses.

What kind of damages can you sue for?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

Compensatory Damages.
Incidental Damages.
Consequential Damages.
Nominal Damages.
Liquidated Damages.
Punitive Damages.

Is pain and suffering compensatory damages?

Compensatory damages are meant to offset an injury sustained by an individual. “General” damages may also be awarded for pain and suffering, mental anguish, loss of consortium, and lost opportunity for future enjoyment of life.

How do you determine reasonable amount for pain and suffering?

For example, if a plaintiff incurs $3,000 in medical bills related to a broken arm, he might multiply that by three, and conclude that $9,000 represents a reasonable amount for pain and suffering. The multiplier method is used in our accident settlement calculator.

What are the 2 types of compensatory damages?

There are two types of compensatory damages—general and actual. Actual damages are intended to provide funds to only replace what was lost. General compensatory damages awarded are more complex, as these compensatory damages do not represent a monetary expenditure.