Verbal Abuse Lawsuit in New York

The liability an individual may face for offensive or abusive words in New York can vary depending on the jurisdiction and the specific facts of the case. There are often multiple legal options available in cases of abusive language.

When the insulting or abusive language meets the legal requirements for harassment or defamation, it may be possible to sue. If the language causes severe mental distress or is threatening, a victim may be entitled to sue for intentional infliction of emotional distress.

The legal safeguards and remedies that may be available to victims of insulting or abusive language are called abusive language legislation. These laws may also include provisions for emotional abuse charges or other criminal charges for hate speech as well as civil remedies such as defamation or emotional distress claims.

If an individual has been subject to insulting or abusive language in New York, they should have a legal consultation as soon as they can. A New York lawyer can explain the possible claims they can make as well as the remedies that may be available for their specific situation.

How Do I Prove Verbal Abuse or Insulting Language Damages in New York?

There are several elements that an individual must show to prove abusive or insulting language damages in New York. The required elements for a claim of intentional infliction of emotional distress (IIED) caused by abusive or insulting words typically include:

• Extreme and outrageous behavior: The language has to be so extreme and outrageous that it is beyond all reasonable boundaries of decency and is unacceptable in a civilized society.
• Intention: The defendant has to have intended to cause emotional distress or must have negligently ignored the possibility that their state would cause such distress.
• Causation: The defendant’s language must have caused the plaintiff significant emotional anguish.
• Serious emotional anguish: The plaintiff must have suffered serious emotional anguish because of the defendant’s language.
  • The emotional anguish has to be the type that would be an anticipated consequence of the outrageous and excessive language.

Intentional infliction of emotional distress can also involve emotional abuse or mental abuse with patterns of behavior that are intended to dominate, injure, or intimidate another individual. There may also be other factors that are required to establish a claim of IIED depending on the location, so it is important to reach out to a New York lawyer to find out the specific local requirements.

How Much Does It Cost to Sue for Verbal Abuse in New York?

The cost to sue for verbal abuse in New York can vary widely depending on the location, type of claim, and other factors. On average, a simple lawsuit costs around $10,000.

There may also be different amounts of filing fees for different types of claims. Another major factor is the cost of the New York attorney.

On average, a New York lawyer charges between $350 to $600 per hour, or more, depending on their location and experience. An individual can ask about a lawyer’s fees and the costs of their case during their consultation.

What Are Some Examples of Abusive or Insulting Language?

There are several specific examples of insulting or abusive language that can serve as the foundation of a verbal abuse lawsuit, including:

• Language that threatens bodily injury, death, or other types of violence is considered abusive and serves as the foundation for a claim for intentional infliction of emotional distress or harassment.
• Sexual language that is meant to harass or intimidate another individual is considered abusive and may give rise to a sexual harassment lawsuit.
• Language that falsely assaults someone’s reputation, character, or dignity is considered abusive and may give rise to a defamation action.
• Racial or ethnic slurs that are meant to humiliate or insult an individual based on their race or ethnicity are considered offensive and may serve as the foundation for a discrimination or harassment claim.
• Language that insults or degrades another individual based on their gender, color, ethnicity, sexual orientation, or other personal traits is considered abusive and can support a claim for intentional infliction of emotional distress or harassment.

It is important to be aware that not every harsh word will make a successful case. Because the language must be outrageous and severe to support this type of claim, it may restrict the language that can be the foundation of the claim. For guidance on a specific incident or specific language in New York, an individual should reach out to an attorney.

Will Either Party Be Liable for Damages When Both Parties Exchanged Abusive or Insulting Language?

In a situation where both parties involved in an incident exchanged insulting or abusive language in New York, it can be difficult to determine who, if anyone, will be liable for damages. The remedies that may be available can vary depending on the location.

Because of the possible variations and the difficulty in determining liability in these types of cases, it is best to consult with a New York lawyer for specific advice on a specific situation and location.

Can I Sue if Someone Said Something That Made Me “Feel Bad?”

No, an individual cannot sue another person simply because they said something that made them feel bad. As discussed above, an individual must show that the other person’s conduct was outrageous and extreme, that the other individual intended to cause them emotional distress, and that they should have known or knew that their conduct would cause emotional distress.

Do I Need To Have Physical Symptoms of Emotional Distress To Sue?

Although it is not a requirement to have physical symptoms to file an emotional distress lawsuit, when someone has physical symptoms as a consequence of their mental anguish, it can be helpful for their claim. This is because the physical symptoms demonstrate that the suffering they experienced was not minor or imagined.

An individual does not have to experience physical symptoms in order to collect damages for their mental anguish. In certain cases, an individual’s emotional discomfort may be strong enough to create physical symptoms. In others, their suffering may only be psychological.

Do I Need a Personal Injury Attorney To Sue for Emotional Distress?

If you have experienced any type of emotional distress because of another person’s conduct in New York, you should reach out to a personal injury attorney in New York for advice. Your attorney will be able to review the facts of your case, advise you whether you may have a claim and what steps you can take, and help you navigate the court system in New York.

If you have been accused of causing another person emotional distress, it is important to have a lawyer represent you in court. Your attorney can present any defenses that may be available against the other individual’s claim of emotional distress.

Your New York lawyer will have the experience and knowledge to assist you in getting the compensation you deserve. When you are ready to seek compensation for the emotional distress you suffered, you can use LegalMatch’s free and confidential attorney matching services to find an attorney near you. It will only take you around 15 minutes to get started today by submitting your emotional distress question or issue on the website.