Q: I need to know if I can sue for emotional distress with a small claims lawsuit.
My ex and I split up and there were pfas involved. He had all of my belongings in his house as I had lived with him. He finally put my things in a storage unit but only gave back what he wanted to give. I am opening a small claims law suit and have receipts for almost everything except for what was given as gifts to me. I have started therapy due to the stress of having to start over and buy things that I’ve already bought. I need to know if I can add into the lawsuit emotional distress to the lawsuit.
A: You can seek emotional distress damages, however you must be able to prove it and show that it is a recoverable damage. Seeking emotional distress damages based on having to start over and buy things that you already bought may not legally be a recoverable damage and/or a a cause of action. You may want to consult a lawyer in your area/jurisdiction, present your facts and see if she can suggest a more viable cause of action and recoverable damages. Good luck.
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