Q: Can I take my ex husband to court for Emotional Distress ?
My son died 3 years ago on May 12 th, and my ex husband tried to keep my sons death from me and treated me as if I were dead and kept all information and the cops from contacting me. He and the new wife told me that I'm the reason why my son is dead. He tried to keep me from going inside to my sons wakeand he had the new wife send a friend of mine a harassing text regarding my personal life and also saying again that I am the reason why my son is dead and Karma is right behind me. Since my sons death, this has caused health problems and it affected me very much. I have been trying for 3 years, to take my ex husband to court about this. Please, I need to know if someone can help me. I'm still waiting trial for my sons death and I'm afraid that once I go to court for this, he and the new wife will try to harass me in the court.
A: I'm so sorry for your loss. Putting aside the question of whether your ex-husband's actions would support a lawsuit for negligent infliction of emotional distress or loss of sepulcher, the statute of limitations for such lawsuits in New York is only three (3) years; the statute of limitations for intentional infliction of emotional distress is just one (1) year. Your time in which to bring any such lawsuit has likely expired.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
