If someone came to my home and attacked me, can I sue for the pain, suffering and emotional distress?

A woman attacked me in my home while my 8 year old daughter was screaming and crying. She was arrested and went through the pre-trial program. I feel that wasn’t enough so I want to sue her for distress. My daughter had to leave school the next day because she was sick to her stomach, my tires were slashed so I couldn’t work also I was sore because of the fight.

Asked on November 28, 2011 under Personal Injury, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Youi can definitely sue for lost wages, for medical costs (which can possibly include therapy or counseling, if needed, for both you and your daughter), and property damage (e.g. the tires). You may be able to sue as well for emotional damages--the intentional inflicton of emotional harm--and/or punative damages, since this was a deliberate and, from what you write, malicious attack. It would be worthwhile for you to consult with a personal injury attorney about what you might be able to recover. Good luck.


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