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  1. #1
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    Unhappy Can I File Suit Against My Ex-Boyfriend

    My boyfriend of 2 1/2 yrs and I broke up about 5 mnths ago, during this time I was pregnant with our child and was going through a really hard pregnancy (morning sickness, back aches, depression) all normal during a pregnancy to some extent. And he was aware of the emotional state I was in, and he cheated on me and left me, because his excuse was "I wasn't being the loveable girlfriend he needed at the time". Causing me more emotional distress and in turn I had to see a therapist that my ob-gyn referred me to, and had an accident during this time because I wasn't paying attention to road just worried about him and us and of course pregnancy hormones. Was admitted into hospital twice during this time of our breaking up and have medical bills I cant afford right now. Can I file suit against him for intentional infliction of emotional distress and have him pay for my medical bills or anything relevant to that?

    in-debt in texas

  2. #2
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    Default Re: Can I File Suit Against My Ex-Boyfriend

    He said something insensitive and broke up with you? While I sympathize with your situation, that alone is not the basis of a lawsuit.

  3. #3
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    Default Re: Can I File Suit Against My Ex-Boyfriend

    Can I file suit against him for intentional infliction of emotional distress and have him pay for my medical bills or anything relevant to that?
    Can you file suit? Sure.

    Will you win? Highly doubtful. The only thing you will accomplish will be to add to your financial woes.

    On an unrelated topic, you did file for child support, right?

  4. #4
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    Question Re: Can I File Suit Against My Ex-Boyfriend

    Quote Quoting Mr. Knowitall
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    He said something insensitive and broke up with you? While I sympathize with your situation, that alone is not the basis of a lawsuit.
    Then what are the reasons to file Emotional Distress, if I hear of it done during a divorce or when a person is in a car accident: this is what I picked up on the basis to file for suit on Emotional distress, tell me if this does not apply:
    "a reckless disregard for the likelihood of causing emotional distress is sufficient."
    "the plaintiff was vulnerable and the defendant knew it"
    "the defendant was in position of power"
    "the defendant owed the plaintiff a fiduciary duty"
    "The emotional distress suffered by the plaintiffs must be severe. A lack of productivity or depresssion documented by professional psychiatrists is typically required here, although acquiaintances' testimony about a change in behavior could be persuasive."
    "if one fails in this duty and unreasonably causes emotional distress to another person, that actor will be liable for monetary damages to the injured individual."

  5. #5
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    Default Re: Can I File Suit Against My Ex-Boyfriend

    If getting dumped by a significant other was a valid reason to file and win a lawsuit, the courts would be backed up from here until doomsday. I understand your feelings (more than you know...I've been there), however, that is a risk you take when entering into a relationship.

    You were not married, so there was no legal obligation to uphold his end of the bargain with you. He is/was not even the legal father of the child until paternity is/was legally established.

    Pregnancy does not render you "vulnerable". Millions of women have fought for (and won) the right to continue to be treated as if they are still 100% capable while pregnant.

    You had a relationship that did not work out. I bet we all have been in that situation at one time or another. That doesn't mean that we can win a lawsuit against the jerk.

  6. #6
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    Default Re: Can I File Suit Against My Ex-Boyfriend

    In Texas, the elements of intentional infliction of emotional distress as (1) the defendant acted intentionally or recklessly; (2) the defendant's conduct was extreme and outrageous; (3) the defendant's conduct proximately caused the plaintiff's emotional distress; and (4) the emotional distress suffered by the plaintiff was severe. Tex. Farm Bureau Mut. Ins. Cos. v. Sears, 84 S.W.3d 604, 610 (Tex. 2002). To be extreme and outrageous, a defendant's conduct must be "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized society." Tex. Farm Bureau Mut. Ins. Cos. v. Sears, 84 S.W.3d 604, 610, 45 Tex. Sup. Ct. J. 1245 (Tex. 2002). Merely insensitive or rude behavior is not extreme and outrageous. Id.

  7. #7
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    Default Re: Can I File Suit Against My Ex-Boyfriend

    Quote Quoting jojo4
    View Post

    On an unrelated topic, you did file for child support, right?
    not yet, been waiting for him to make the first step. I dont want anything to do with him at the moment and baby is too small to know anything.

  8. #8
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    Default Re: Can I File Suit Against My Ex-Boyfriend

    thanks for the advice, didn't want to make myself look like a fool if i did this. guess i'd have to be strapped down in-sane in hospital and causing more damage than car accident. this was just something that an acquaintance went through, but she was married, so just thought id check for myself.
    thanks.

  9. #9
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    Default Re: Can I File Suit Against My Ex-Boyfriend

    Quote Quoting sincastle
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    not yet, been waiting for him to make the first step. I dont want anything to do with him at the moment and baby is too small to know anything.
    Nope, you need to file for child support. If you wait for him to file for child support, you will be waiting a long, long time.

    He may not have a responsibility to ensure you care and protection, but he does have a responsibility to support his child. The child has a legal right to be supported by both parents. If legal paternity has not been established, that needs to be done, as well.

  10. #10
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    Default Re: Can I File Suit Against My Ex-Boyfriend

    Quote Quoting sincastle
    View Post
    , and had an accident during this time because I wasn't paying attention to road just worried about him and us and of course pregnancy hormones.

    Your ex-boyfriend did not cause the accident you did. If you were unable to keep control of your car because of your emotional state you should not have been driving the car!

    You are lucky you did not hurt or kill anybody and be facing a lawsuit yourself.


    Quote Quoting sincastle
    in-debt in texas
    Quote Quoting sincastle
    Quote Quoting jojo4


    On an unrelated topic, you did file for child support, right?
    not yet, been waiting for him to make the first step. I dont want anything to do with him at the moment and baby is too small to know anything.
    I don't understand what you are thinking. You don't want to file for support for your child because you don't want anything to do with your ex, but you wanted to sue him for your therapy bill, and an accident you caused?

    I totally agree with jojo4 you need to file for support for your child, your ex boyfriend has an obligation to supprt his child. If you don't want to use his money put it in the bank and give to the child when s/he turns 18.

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