I live in New Jersey. I wish to sue someone for negligence. Here is the synopsis of my situation:
In the summer of 2006, after my freshman year of college, I developed clinical depression and was put on the anti-depressant, Lexapro. Two months into my suffering, I cheated on my girlfriend by kissing another girl. This girl’s name was Cindi. At the time I thought this would help my depression but it actually made things incredibly worse for me because of the state I was in. After doing this, for eight weeks, I suffered a tremendous, tremendous amount. During this time I could barely sleep or eat, had multiple panic attacks a day, was hospitalized, and couldn’t focus enough to do even simple, everyday tasks. Those 8 weeks of my life will always affect me, and I feel that I am totally and solely responsible for causing myself that pain. This is something I cannot live with and have seen multiple counselors about, but to no avail. I realized after those 8 weeks, however, that if I could just ask Cindi some questions (why she did it, being one) about that night that it might help me realize that I was not totally responsible for the event that caused my pain. Cindi, however, has refused to talk to me about the situation or answer any of my questions despite knowing how much I am suffering, as I have made that clear to her. I would have been cured of my depression months ago if it weren't for this issue that still haunts me. Because of it, however, my suffering is so severe that I cannot focus in school or on everyday tasks and cannot enjoy anything in my life. I am sometimes afraid that I will become so depressed that I will hurt myself or worse (I regret admitting this, but I deem it necessary to portray the severity of my suffering), and have seen multiple counselors since this situation arose. I could finally move on and enjoy life again if she would simply give me 5 minutes of her time on the phone to answer some questions I have about that one night, and she knows this.
I wish to sue Cindi for negligent infliction of emotional distress. I believe she has acted negligently because she knows how I am suffering, but refuses to talk to me for five minutes anyway. She simply disregards the pain she is causing me by not talking to me. I have read that, to be guilty of NIED, three things must be true: (1) The defendant must have owed the plaintiff a duty of care, (2) the defendant failed to act according to a reasonable standard of care, and (3) the plaintiff suffered some harm or loss because of what the defendant did or didn’t do. Here is what I have read when researching the first two of these factors of negligence:
1) “If it is reasonably foreseeable that you might suffer some sort of harm or loss because of something someone else does, then that person owes you a duty of care.” (I have made it incredibly clear to Cindi how I am suffering and that it is because she won’t answer me.)
2) ”When looking at what the reasonable person would have done, the court will look at certain things, including: The risk of harm occurring” (100%, as the harm is occurring now), “The possible seriousness of that harm” (I made it clear to her that I could hurt myself or worse), and “The burden of removing or reducing the risk”(I also made it clear that all I need is a few minutes to speak to her and that is it).
This is what I feel is the legal basis for my case. I can provide written proof and/or witness testimony as proof for each of the three factors necessary for accusation of negligence. Is my case a valid one? If not, can someone tell me where my basis is flawed?
I know this all might come off unusual and trivial at first glance, but I am a real victim of extreme and long-term suffering, which could have been prevented by a short, simple conversation. While on the outside it may seem frivolous, to me, on the inside of the situation, it is very real and very painful. Thank you for your time spent reading this and responding to me. I greatly, greatly appreciate any help in my situation.