Suing In-Laws: Emotional Distress And Legal Options

It is possible to sue your mother-in-law for emotional distress, but it is a complex process. In Washington state and other jurisdictions, there are potential causes of action for intentional or negligent infliction of emotional distress. However, it is crucial to demonstrate that you have suffered tangible damages, such as medical expenses, therapy costs, or lost wages, and provide evidence such as medical records, therapist notes, or witness statements. While it is not necessary to have physical harm in addition to the emotional distress, it can strengthen your case. You should consult a lawyer who specializes in family law or civil litigation to determine if you have a viable case and to navigate the specific laws in your jurisdiction.

Evidence of emotional distress

Emotional distress lawsuits are civil claims and not criminal charges. Emotional distress is a non-physical and mostly psychological injury. It is a state of mental suffering that occurs due to the negligence or intentional acts of another person, business, or entity.

Proving emotional distress can be difficult and often relies on evidence such as medical documentation and expert witness testimony. The evidence required to prove emotional distress depends on state law and the type of emotional distress you are seeking to prove. For example, in Washington state and Virginia, the defendant's conduct must be extreme and outrageous, and it must be proven that the conduct intentionally or recklessly caused severe emotional distress. In most cases, your suffering should be documented by a medical professional. This could include medical expenses, therapy costs, and even lost wages if you've missed work. Witness statements from those who can attest to the behaviour and its impact on you can also be helpful.

It is important to note that not all types of emotional turmoil can justify an emotional distress lawsuit. You will need to prove that you have suffered emotional distress that has seriously impacted your life. Courts consider evidence that helps make your suffering emotionally visible. For example, a medical diagnosis of PTSD or witness statements from family that document changes in your behaviour might be considered.

Before pursuing an emotional distress lawsuit, it is important to understand the statute of limitations, which is a law that sets the deadline for filing a lawsuit. The deadline varies by state and is most commonly between two and three years.

Intentional infliction of emotional distress

IIED is also known as the tort of "outrage" due to the nature of the conduct, which must be extreme and outrageous. The conduct must be heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society. Some factors that may contribute to a persuasion of extreme and outrageous conduct include a pattern of conduct, a vulnerable plaintiff known to the defendant, the defendant's position of power, the use of racial epithets, and the defendant owing the plaintiff a fiduciary duty.

While jurisdictions may differ in their definitions and applications of IIED, the basic requirements remain consistent. Some jurisdictions allow for IIED claims even if the defendant's conduct was directed at someone close to the plaintiff, resulting in the plaintiff suffering severe emotional distress. This expansion of IIED liability allows for a broader range of individuals to bring claims. However, it is important to note that not all offensive conduct qualifies as IIED, as individuals must tolerate a certain level of rude or offensive behavior in a civilized society.

To successfully sue your mother-in-law for IIED, you would need to prove that her conduct was extreme and outrageous and that it intentionally or recklessly caused you severe emotional distress. This is a challenging threshold to meet, and not all hurtful or harmful actions will qualify. You would also need to provide evidence, such as medical records, therapist notes, or witness statements, to substantiate your claims and demonstrate tangible damages, such as medical expenses, therapy costs, or lost wages.

It is worth noting that suing a family member for emotional distress can be complex and may have ramifications on your relationship with your mother-in-law and other family members. Additionally, legal fees for such cases typically range from $100 to $400 per hour, depending on the lawyer's experience. Therefore, it is essential to carefully consider your options and seek legal advice if you intend to pursue legal action.

Physical harm as a result of emotional distress

Emotional distress is a state of mental anguish that may involve a variety of symptoms. It may result from a mental health issue or particular circumstances, such as relationship difficulties or financial strain. Emotional distress can be caused by a combination of factors, including traumatic experiences, underlying mental health conditions, and stressful situations. While it often has no physical symptoms, it can sometimes lead to physical harm.

If you are experiencing emotional distress, it is important to seek help from a healthcare or mental health professional. They can help you identify the cause of your distress and provide treatment or refer you to additional resources. In some cases, emotional distress can be severe and have a significant impact on your well-being.

When emotional distress results in physical harm, it may be possible to take legal action. However, proving emotional distress in court can be challenging due to its intangible and subjective nature. To strengthen your case, it is crucial to provide evidence of the physical harm caused by the emotional distress. This can include medical records, therapy notes, or witness statements that substantiate your claims.

For example, let's say you are experiencing emotional distress due to a difficult relationship with your mother-in-law. You may be able to sue her for emotional distress if you can provide evidence that her actions have caused you physical harm. This could be in the form of medical diagnoses, such as ulcers or headaches, that have resulted from the distress. Additionally, you would need to establish a clear link between your mother-in-law's conduct and your emotional suffering, proving that her actions directly caused your distress.

It is important to note that the requirements for suing someone for emotional distress may vary depending on your location, and it is always advisable to seek legal advice from a qualified attorney in your jurisdiction.

Tangible damages

Emotional distress is a complicated and ambiguous concept that may be difficult to prove. However, it is recognized as a compensable damage in personal injury cases in some states, including California. To prove emotional distress, there must be clear medical evidence provided by a licensed medical professional. This can include medical records, therapist notes, or even witness statements from those who can attest to the behaviour and its impact.

In personal injury lawsuits, the goal is to recoup a settlement that covers the damages sustained in an accident caused by another party. These damages are divided into tangible and intangible damages. Tangible damages, also known as economic damages, can be easily quantified and include:

• Medical and rehabilitation expenses
• Lost wages and limits to future earnings
• Property damage

Once the attorney has argued for emotional distress damages, they will calculate a settlement amount using the "multiplier method". This involves adding up all the tangible or economic damages and multiplying that sum by a number between 1.5 and 5. This total becomes the overall settlement proposal presented to the at-fault party or insurer.

Impact on relationships

The decision to sue one's mother-in-law for emotional distress can have a significant impact on relationships, not only with the defendant but also with other family members. It is important to carefully consider the potential consequences and seek legal advice before initiating legal proceedings.

Legal action against a mother-in-law can lead to a permanent or long-lasting rift in the relationship. The very act of suing a family member can be seen as a significant breach of trust and loyalty, which may be difficult to repair. The defendant may feel betrayed and become estranged from the plaintiff, impacting the family dynamic as a whole.

Additionally, the lawsuit may create tension and division within the extended family. Family members may take sides, leading to further conflict and strained relationships. The plaintiff's spouse, for example, may feel caught between their mother and their partner, experiencing guilt, confusion, or resentment. Siblings, cousins, aunts, and uncles may also be affected, with some potentially feeling pressured to choose between the plaintiff and the defendant. This can result in a breakdown of familial bonds, loss of support systems, and a sense of isolation for those involved.

The impact on relationships can be further exacerbated by the public nature of legal proceedings. Family disputes that are aired in court become a matter of public record, potentially attracting media attention and causing embarrassment or shame for all involved. This can lead to social stigma, judgment, or ostracism from the wider community, particularly if the family holds a prominent position or the allegations are particularly sensitive or controversial.

Furthermore, the decision to sue one's mother-in-law may impact the plaintiff's relationship with their own children, especially if the children are close to their grandmother. The children may struggle to understand the legal action, feel caught in the middle, or experience confusion about their loyalty. They may also be subjected to questioning or involvement in the case, which can be emotionally challenging and impact their well-being.

Lastly, it is important to consider the potential for reconciliation and the desire for future contact. Initiating a lawsuit can irrevocably damage the relationship, making it difficult or impossible to repair or rebuild family ties. If there is a desire to maintain or restore the relationship in the future, legal action may not be the best initial course of action. Alternative dispute resolution methods, such as mediation or family therapy, could be considered as a less confrontational approach to addressing the issues.

Frequently asked questions