Legal Question in Personal Injury in Massachusetts

Emotional Abuse

Is there any legal action you can take against emotional abuse, by itself, or does it have to be part of a physical form of abuse?

Asked on 5/08/07, 11:53 am

1 Answer from Attorneys

Roger Turgeon Turgeon & Associates

Re: Emotional Abuse

Yes, Massachusetts law recognizes claims called "intentional infliction of severe emotional distress" and "negligent infliction of emotional distress".

For the "intentional" claim, you would have to demonstrate that the defendant's actions are extreme and well beyond what civilized society is willing to put up with.

For the "negligence" claim, you have to demonstrate that the emotional distress that results from the abuse is so significant that it causes physical symptoms, like loss of weight, loss of sleep, the need for psychotherapy, or something similar.

Each of these cases must be evaluated based on its specific facts, so it is impossible to generalize. You would need to sit down with an attorney familiar with this field of law to go over all the relevant facts to find out whether you have a case or not.

I would be happy to discuss this with you further if you'd like.

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Answered on 5/08/07, 12:21 pm

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