Emotional distress caused by physical attack by ex-boyfriend...

by Patricia
(Raeford, NC)

I was living with my boyfriend and he was always getting drunk. He attacked me one night and I called 911. A police report was filed but not everything was disclosed that should have been (my boyfriend was a cop).

I've needed counseling and continue to have mental anguish, anxiety, and stress. Can I sue him for this? Is there anything else I can do? Thank you.

Visitor Question:
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ANSWER for "Emotional distress caused by physical attack by ex-boyfriend...":

Patricia (Raeford, NC):

The police report can be an important piece of evidence in support of your claim against your former boyfriend. However, to pursue your claim you're going to be in for a long haul.

In a claim for compensation from your boyfriend, you will have the burden of proof. To meet that burden of proof will require psychiatric and/or psychological evidence confirming your mental anguish and stress.

Moreover, the psychiatrist or psychologist's testimony will have to help prove (by a preponderance) that the actions of your former boyfriend were the direct and proximate cause of your mental difficulties.

The testimony must show the mental anguish and stress were separate and apart from mental anguish or stress you might have suffered from any other source. This could be work, home, financial, or other normal stressors. Also, the psychiatrist or psychologist must be prepared to testify in court. This will likely cost several thousand dollars.

You might consider speaking with the Internal Affairs Bureau of the Raeford police department. Internal affairs divisions investigate instances of police officer wrongdoing. You can ask for the Internal Affairs department by calling the Raeford police department.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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