{"id":368920,"date":"2022-05-02T18:00:34","date_gmt":"2022-05-02T23:00:34","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/can-i-sue-my-ex-for-emotional-distress.html"},"modified":"2024-01-02T13:27:22","modified_gmt":"2024-01-02T18:27:22","slug":"can-i-sue-my-ex-for-emotional-distress","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-i-sue-my-ex-for-emotional-distress.html","title":{"rendered":"Can I Sue My Ex for Emotional Distress?"},"content":{"rendered":"\n
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Can I Sue My Ex for Emotional Distress?<\/h1>\n
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\n By Steven Ellison, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Yes, but you can only sue in rare situations in which your ex’s behavior was really bad and the distress you suffer is severe. In some states, you must have physical symptoms to move a case forward. <\/p>\n\n <\/div>\n\n

You do not need to have suffered physical abuse, but a standard breakup is not enough. You need to show particularly reprehensible behavior. The worse the behavior, the more likely that a jury will find in your favor.<\/p>\r\n

However, these cases are hard to win. The law expects people to tolerate a certain amount of rude or offensive conduct as a part of life. Further, relationships can be hard on both parties and if there is bad behavior on both sides, a jury may be less inclined to find in your favor. Your ex may also respond to your suit by suing you back, so emotional distress cases often become a mess.<\/p>\r\n

If you are thinking about suing your ex for emotional distress, you should consider consulting with an experienced personal injury attorney<\/a>. State laws vary, and a lawyer can help you both better understand your legal rights and represent you if they think you have a valid personal injury claim in your state.<\/p>\r\n

Relationships Can Be Brutal<\/h2>\r\n

In a perfect world, every relationship would be peaceful and joyful, but that’s not the case. Relationships can be hard. People sometimes do horrible things to those they profess to love, and things can get particularly nasty.<\/p>\r\n

Suppose you find yourself in a long-term relationship. Everything was wonderful. You moved in together and talked about getting married, but something changed. Over time, your relationship deteriorates. Your partner becomes cruel. They do horrible things. They keep telling you that you are worthless, and you begin to believe them. It takes a terrible toll on you. You can’t eat. You can’t go to work. You’re anxious all the time. You suffer panic attacks.<\/p>\r\n

One night, after a particularly brutal fight, you finally decide to end the relationship. But even after the breakup, your symptoms don’t go away. You still can’t eat. You continue to get panic attacks. A friend brings you to a psychiatrist. You are diagnosed with an anxiety disorder and PTSD, and your psychiatrist says your symptoms were caused by your ex.<\/p>\r\n

Your friend is livid and wants you to sue your ex. Depending on where you are, you might have a case.<\/p>\r\n

Get Harassment and Domestic Violence Support<\/h3>\r\n

Before considering a lawsuit, prioritize your safety. Serious psychological abuse is a type of domestic and intimate partner violence<\/a>. This abuse can happen during a relationship or begin after it ends.<\/p>\r\n

Recognizing and describing emotional abuse can be difficult. These days, people sometimes refer to their exes and emotional suffering with terms like "gaslighting" and "narcissism." Though these terms aren’t always used accurately, the harm they express can be real. Stalking<\/a> may also occur during or after a breakup. <\/p>\r\n

Abuse can also suddenly escalate beyond emotional distress. Many resources<\/a> aim to help people dealing with an abusive ex. For example, you may consider a no-contact restraining order<\/a> to stop harassment.<\/p>\r\n

Intentional Infliction of Emotional Distress<\/h2>\r\n

There are two types of emotional distress claims<\/a>: negligent and intentional.<\/p>\r\n

Your first claim may be for intentional infliction of emotional distress<\/a>. Intentional infliction of emotional distress is a tort, a civil wrong for which the law provides a remedy. Domestic abuse lawsuits<\/a> also involve this intent.<\/p>\r\n

While the requirements vary from state to state, you typically need to show the following elements:<\/p>\r\n