Emotional Distress Legal Concerns
Summary
Emotional distress claims in New York require proving intentional or reckless conduct, extreme and outrageous behavior, causation, and severe distress. The statute of limitations for such claims is generally one year from the incident. Since no threats or legal actions have been made by your ex, the risk of a lawsuit seems low. Consider consulting local resources like the New York State Bar Association for further guidance.Full Conversation
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It sounds like you've been through a lot. Generally, for someone to sue for emotional distress, they need to prove:
- Intentional or reckless conduct.
- The conduct was extreme and outrageous.
- The conduct directly caused the distress.
- The distress was severe.
Do you know if she has taken any legal steps yet?
No I don’t. I have not spoken to her in over 2 years
It seems unlikely she would successfully sue for emotional distress based on the information provided. However, to fully understand your situation, can you confirm if she has made any threats or indicated she might take legal action against you?
No she has not
It seems like the risk of her suing for emotional distress is quite low, especially since she hasn't made any threats or indicated any intention to take legal action in over two years. However, it's always good to be informed.
Would you like more information on what constitutes emotional distress legally in New York State?
Yes
In New York State, emotional distress claims generally require:
- Intentional or reckless conduct: The defendant's actions must have been deliberate or reckless.
- Extreme and outrageous conduct: The behavior must be beyond the bounds of decency.
- Causation: The defendant’s conduct must have caused the emotional distress.
- Severe distress: The distress must be significant and not minor.
Would you like information on any local resources or steps you could take to further protect yourself?
Yes
Since there have been no threats or legal actions indicated by your ex, the risk of a lawsuit seems low.
~New York State Bar Association
Phone: (*) *-*
Website: www.nysba.org
Would you like advice on any specific steps you can take to protect yourself further?
what is the statue of limitations for something like this
In New York, the statute of limitations for intentional infliction of emotional distress is generally one year from the date of the alleged incident.
Would you like more information on any other aspect of this issue?
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