Can I sue for emotional distress for a harrassing phone call?
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Can I sue for emotional distress for a harrassing phone call?
My boyfriend was supposed to DJ a wedding but the night before he got arrested. I did everything I could to get him out and when I wasn’t able to I called the only number I had to notify the wedding party that we wouldn’t be able to make it. The next day her father called me cussing and threatening me and even called me a retard multiple times. I am severely disabled and this all really upset me.
Asked on November 27, 2011 under Personal Injury, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Intentional infliction of emotional distress is an extreme and outrageous act intended to cause and which does cause you emotional distress.
The facts of a particular case determine whether or not the act is sufficient to constitute intentional infliction of emotional distress. The defendant (father who called you) takes the plaintiff as is. You are the plaintiff. This means that the defendant is liable even if the plaintiff may be more susceptible to injury than another might be. Therefore, since you said that you are severely disabled and were upset by the abusive statements, this would strengthen your argument in a claim for intentional infliction of emotional distress. Also, if you incur any medical bills as a result of the emotional distress, obtain your medical bills and medical reports. Compensation for the medical bills is straight reimbursement. The medical reports will be used to determine compensation for pain and suffering. Compensation for pain and suffering is an amount in addition to the medical bills. If applicable, you can also recover for documentation of any wage loss. Compensation for wage loss is straight reimbursement.
Another item to consider in your lawsuit is a claim for punitive damages against the abusive caller. Punitive damages are a substantial monetary amount to punish the intentional and malicious acts of the defendant.
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