Verbal Abuse Lawsuit in Texas

One possible option for a person who is the victim of abusive or insulting language is a civil action seeking money damages for the infliction of emotional abuse in Texas. This involves filing a lawsuit against the individual responsible for the verbal abuse or use of insulting language. In a civil case, the victim must establish that they suffered harm as a result of the abuse. A lawyer consultation with a Texas lawyer would help a person understand the law of emotional distress in Texas.

Examples of harm for which a person might pursue a verbal abuse lawsuit would include mental anguish, psychological trauma, or damage to one’s reputation. The distress would not just be an ordinary level of anger or unhappiness that any person might feel if another person addresses them in an abusive or insulting manner. So, proving the level of distress that would qualify as emotional distress under Texas law could be challenging.

Success with a case of the intentional infliction of emotional distress means proving that the victim was the target of conduct that can be characterized as extreme and outrageous conduct. As egregious and reprehensible as verbal abuse and the use of insulting language may be, it may not come within the definition of “extreme and outrageous conduct” as required by Texas law for a cause of action for the intentional infliction of emotional distress.

Success with a claim of negligent infliction of emotional distress requires that the victim prove that they suffered an accompanying physical injury or impact. Or, they may have witnessed the infliction of physical injury on a close family member. So in addition to proving that a responsible party addressed a victim with verbal abuse and insulting language, a victim would have to prove that the responsible person inflicted physical injury on them or someone in their family.

If an individual makes false statements about a person with the intent to harm their reputation, the victim may have a claim for defamation. Texas law defines defamation of character differently depending on whether it is spoken or written. Spoken defamation, known as “slander,” is a false statement about a person that another person makes to a third person.

A victim must prove that the slanderous statement harmed their reputation. Slander is not really about a victim’s severe emotional distress but about false statements that harm the victim’s reputation in their community and not their psychological health. The falsity of the slander about the victim is a critical element.

The law considers certain statements “defamation per se.” Defamation per se are such statements as the following:

• A statement that accuses the victim of having committed a crime
• A statement that injures the victim’s office, profession or occupation
• A statement claiming that the victim engaged in sexual misconduct or has an offensive disease of some kind.

A statement that a person makes about a victim’s business may qualify as slander per se.

If a person inflicts verbal abuse and insulting language on another person in their workplace, then the legal situation changes. Such conduct may be a component of the type of harassment that creates a hostile work environment for the victim. Victims of verbal abuse in employment settings may have legal remedies under federal and state laws governing workplace harassment and hostile work environments.

Specifically, the federal Civil Rights Act and the Texas Labor Code both ban the use of language in the workplace that is discriminatory in that it addresses characteristics of a protected class, e.g., using insults that address a worker’s female gender or an individual’s disability.

The harassing and insulting language would have to be used pervasively and would have to be severe. If a person could prove that such an environment existed in their workplace, they would have a case for hostile work environment discrimination.

Yet another option would be a lawsuit for civil assault, which is threatening another person with imminent physical harm. However, to succeed with a civil lawsuit for assault, the person who threatens the victim must appear to be ready to inflict the physical harm threatened. And threats of inflicting physical harm is not the same thing as verbal abuse and insulting language.

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

Proving verbal abuse or insulting language could prove challenging in some cases. If a victim has written evidence of another person’s use of abusive or insulting language, this would be helpful. But verbal abuse suggests that the individual who engages in it has spoken the words which constitute the abuse or insults and did not communicate them in writing.

This means that the victim would probably want to have witnesses who could testify to the verbal abuse or insulting language. Or, they would need a recording of the verbal abuse and insults. Of course, a victim could testify themselves to having heard the abuse and insults, but having corroboration would be helpful.

How Much Does It Cost To Sue for Verbal Abuse in Texas?

The main cost of suing for verbal abuse in Texas would be paying to be represented by a lawyer. An individual can sue for damages of up to $20,000 in a Texas Justice Court. The Justice Courts in Texas are similar to small claims courts in other states.

An individual can represent themselves and would not have to pay a lawyer. The Texas Justice Court Training Center provides information and court forms that would be helpful to a person who wants to pursue a case in a Justice Court without representation by a lawyer.

A person would probably want a lawyer to represent them in a case that involves verbal abuse, insults and the harm of emotional distress. A lawyer would charge a contingency or an hourly fee in such a case. The total fee for representation might cost as much as $10,000 or more. There would be other expenses as well, e.g., a fee to file the lawsuit, and fees might amount to several thousand dollars also.

What Are Some Examples of Abusive or Insulting Language?

Verbal abuse or insulting language has been characterized as language that the speaker intends to belittle or humiliate another person. Offensive jokes or vulgar slurs that are clearly aimed at the person who hears them might qualify as verbal abuse. Language that is intended to intimidate or threaten might also qualify. Much would depend on the context and the parties who are involved.

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

An individual who sues another person because that person addressed them in an abusive or insulting manner would probably find their case made weaker by proof that they themselves addressed the other person using language of the same character.

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

As is noted above, if the person who used the abusive and insulting language succeeded only making the victim “feel bad,” then the unfortunate victim probably does not have a strong case for damages for the intentional infliction of emotional distress. They do not have a case for defamation.

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

Having physical symptoms does strengthen a victim’s case for intentional infliction of emotional distress. Having physical symptoms of injury is a necessary element of a case for the negligent infliction of emotional distress.

Basically, damages for the negligent infliction of emotional distress can only be sought in a case in which the victim has also suffered physical injury. Or the victim may have witnessed the infliction of physical injury on a close family member, e.g., one’s child.

So, assuming that the victim sues for the intentional infliction of emotional distress, their claim would be stronger if they can prove that they suffered the physical symptoms of emotional trauma. For example, insomnia, chronic headaches, digestive issues, and high blood pressure are the kinds of physical symptoms that might be part of making a case for emotional distress.

Or, extreme anxiety and depression of the type that requires medical treatment, possibly with medication, would be good evidence of the type of emotional distress that could entitle a victim to an award of damages.

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

If you have suffered significant emotional distress because of another person’s abusive or insulting language, you want to talk to a personal injury lawyer in Texas. LegalMatch.com can put you in touch with a lawyer who can analyze the facts of your case and tell you if you have a case, whether for the infliction of emotional distress or for defamation. Or, your case may be one for hostile environment discrimination.