Can I sue for emotional distress for a harrassing phone call?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption