Mechanicsville, VA asked in Personal Injury for Virginia

Q: Can i sue for mental and financial distress caused during my pregnancy?

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2 Lawyer Answers

Thomas H. Roberts Esq

Answered
  • Richmond, VA
  • Licensed in Virginia

A: If the pregnancy were the result of a traditional battery, yes you can sue the tort feasor. For pregnancy resulting from consensual relations, you will have assumed the risk and your suit against the inseminator will fail. If your complaint is against God, the courts simply don't have in personam jurisdiction and you will not be able to prevail. If you were just curious whether anybody would respond to the question, now you know.

Jan F Hoen agrees with this answer

Jan F Hoen

Answered
  • Hampton, VA
  • Licensed in Virginia

A: There is not sufficient information to answer your question.

How was your distress caused?

In general, there is no action for financial distress and actions for mental distress require strict proof. In most cases, a physical impact in addition to the mental/emotional distress must be shown. Actions for mental distress alone are disfavored by the courts.

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