Can I sue someone for emotional distress 13 years after the incident, in regards to a loved one killed?
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Can I sue someone for emotional distress 13 years after the incident, in regards to a loved one killed?
Long story short, someone murdered my mother and I’d like him to know what it’s like to not have when he gets out?
Asked on June 19, 2012 under Personal Injury, New Hampshire
Answers:
Leigh Anne Timiney / Timiney Law Firm
Answered 11 years ago | Contributor
I am very sorry to hear about your mother. To prevail in a claim for emotinal distress, you have to prove all of the following: that the defendant's conduct was "extreme" or "outrageous", that the defendant intended to directly cause emotional distress or recklessly disregarded the near certainty that their actions would cause emotional distress and that the actions did in fact cause emotional distress. Unfortunately, depending upon what state you are in, there is likely a statute of limitations for this type of claim. Meaning you only have a certain period of time to sue someone for their actions. It may be that your time limit has passed given that is has been 13 years. Another factor to consider, bringing a lawsuit is expensive and time consuming. Unless the defendant is a wealthy individual, it is unlikely that someone who has just been released after years in prison would have the means or assets to pay you if you were able to obtain a judgment or prevail in a case.
Leigh Anne Timiney
Timiney Law Firm.
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