Q: Is it possible to sue someone in small claims for severe emotional distress?
I did a bit of research on mine into emotional distress cases. What is definitely negligence or intentional infliction of emotional distress. Or I read the tort for emotional distress. And could answer all 4 requirements. I have medical records for during the time as well as having to pay someone to work my job because i was not able. I have plenty to ahow and witnesses to the severe emotional distress. Can it be done? Can you sue someone for severe mental anguish in small claims in Fl?
A:
It must be intentional and the only reason why that person did what s/he did. Usually, very difficult to prove because there are usually other reasons for that person's actions.
Best regards.
Bruce Alexander Minnick agrees with this answer
A: It depends on the nature of the relationship between the parties, what caused the emotional distress and whether there are any actionable damages underlying the claim for emotional distress.
A: You seem to be asking if you are permitted to sue in small claims court for intentional infliction of emotional distress and/or negligent infliction of emotional distress. Sure, you are permitted to file any claim for money damages you wish in small claims court if the amount sought is $8,000 or less, exclusive of costs and interest. Whether you have a claim that would fly is a different issue. There a number of obstacles to proving these kinds of claims, and it would be best for you to consult an attorney (by scheduling a consultation and paying a reasonable fee), even though you intend to represent yourself.
A: Generally speaking, under Florida's "impact rule," you must demonstrate that any emotional damages you suffered caused physical harm or were the result of physical injuries.
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