3 out of 4 years of my last relationship I have been accused of cheating, mentally and emotionally abused, and threatened by the same man. For 3 years I have been in abusive relationship. So one night, we had been arguing and once again he gotten violent (he didn't hit me, though). As the night escalated and I tried to drive away from him, I accidentally ran over his legs, which is a case being handled now. I feel as though if he had not been violent with me in the past and on the night that happened, I would not be in legal mess I am currently in now. I am taking responsibility for my actions but he is not taking responsibility for the damage he caused over the years. Is it reasonable to sue him, even if he's the victim by law, for emotional distress? I have failed out of school and now have to pay to get financial aid back and have been late to work numerous times.
Without more facts it is hard to give you good direction. I will say that most states have an "impact rule" requiring that to recover nonphysical damages you must also have a physical damage. In some jurisdictions there are claims for intentional inflection of emotional distress.
You really should consult with a local lawyer. One potential problem I see is calculating your damages. Also, even if you got a judgment would it be collectable? Insurance rarely covers these types of claims and I'm guessing that he is not made of money.
That is a tough theory. I think you might need a therapist more than an attorney. Good Luck
Sounds like you are better apart but unlikely that you have a legal basis to sue for a relationship you chose to stay in.
You could try to proceed on a claim of "intentional infliction of emotional distress." However, this is a relationship that you voluntarily stayed in for three to four years.
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