Can I sue someone for emotional distress 13 years after the incident, in regards to a loved one killed?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 10 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.  


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