Can you sue a parent for mental and emotional abuse?
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I will try to give some thoughts...
Thank you for sharing your story. What you’ve described is deeply painful, and it’s understandable that you’re seeking some form of justice or redress for the harm you’ve endured. In the United States, it is legally possible to bring a civil lawsuit against a parent for emotional distress, but these cases are complex and require meeting specific legal standards.
The two primary legal theories under which such a claim may be brought are Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED). Each has its own set of requirements, and the success of a claim depends heavily on the facts, the evidence available, and the jurisdiction in which the case is filed.
To succeed in an IIED claim, you must prove that your father’s conduct was not just hurtful or inappropriate, but so extreme and outrageous that it exceeds all bounds of decency accepted in a civilized society. Courts have held that this standard is intentionally high to prevent frivolous lawsuits.
Examples might include sustained verbal abuse, threats, manipulation, or conduct that causes severe psychological trauma. You must also show that the emotional distress you suffered was severe—beyond ordinary upset or anxiety—and that it was directly caused by your father’s conduct. Documentation such as therapy records, psychiatric evaluations, and testimony from mental health professionals can be critical in establishing this element.
For NIED, the legal threshold is different. You would need to show that your father owed you a duty of care, that he breached that duty through negligent behavior, and that this breach caused you significant emotional harm. In family relationships, courts are often reluctant to impose a legal duty of care unless the conduct clearly violates societal norms or involves abuse.
This makes NIED claims against parents more difficult to pursue unless there is a clear and documented history of neglect, abuse, or other harmful conduct that a reasonable person would foresee as causing emotional harm.
Another important consideration is the statute of limitations. In many states, claims for emotional distress must be filed within a certain number of years from the time the harm occurred or was discovered. However, some jurisdictions allow for tolling (pausing) of the statute of limitations in cases involving childhood abuse, especially if the trauma was not fully recognized until adulthood.
If your father’s actions included identity theft—such as using your Social Security number to claim your tax returns—that may also give rise to separate civil claims for fraud or financial harm, which could be pursued independently or alongside an emotional distress claim.
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I'm seeking redress from my father for the lifelong psychological trauma he has caused me, resulting in debilitating mental health issues, a depleted quality of life, and significant barriers to maintaining employment and forming healthy relationships.
I'm sorry to hear about the challenges you've faced. Can you tell me more about the specific actions or behaviors of your father that have led to this trauma?
He's assaulted me slandering my name telling my children I don't love them he's stolen my taxes by Using my social security number he's caused me many mental issues
Have you sought any professional help or therapy to address the mental health issues resulting from this trauma?
Yes I have had therapy since I was 17 years old
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your family trauma.
That it's just becoming worse then ever that it's causing me problems with keeping employment and housing
Good afternoon and welcome to AskaLawyer. Please give me a moment to review your question.
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I will try to give some thoughts...
Thank you for sharing your story. What you’ve described is deeply painful, and it’s understandable that you’re seeking some form of justice or redress for the harm you’ve endured. In the United States, it is legally possible to bring a civil lawsuit against a parent for emotional distress, but these cases are complex and require meeting specific legal standards.
The two primary legal theories under which such a claim may be brought are Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED). Each has its own set of requirements, and the success of a claim depends heavily on the facts, the evidence available, and the jurisdiction in which the case is filed.
To succeed in an IIED claim, you must prove that your father’s conduct was not just hurtful or inappropriate, but so extreme and outrageous that it exceeds all bounds of decency accepted in a civilized society. Courts have held that this standard is intentionally high to prevent frivolous lawsuits.
Examples might include sustained verbal abuse, threats, manipulation, or conduct that causes severe psychological trauma. You must also show that the emotional distress you suffered was severe—beyond ordinary upset or anxiety—and that it was directly caused by your father’s conduct. Documentation such as therapy records, psychiatric evaluations, and testimony from mental health professionals can be critical in establishing this element.
For NIED, the legal threshold is different. You would need to show that your father owed you a duty of care, that he breached that duty through negligent behavior, and that this breach caused you significant emotional harm. In family relationships, courts are often reluctant to impose a legal duty of care unless the conduct clearly violates societal norms or involves abuse.
This makes NIED claims against parents more difficult to pursue unless there is a clear and documented history of neglect, abuse, or other harmful conduct that a reasonable person would foresee as causing emotional harm.
Another important consideration is the statute of limitations. In many states, claims for emotional distress must be filed within a certain number of years from the time the harm occurred or was discovered. However, some jurisdictions allow for tolling (pausing) of the statute of limitations in cases involving childhood abuse, especially if the trauma was not fully recognized until adulthood.
If your father’s actions included identity theft—such as using your Social Security number to claim your tax returns—that may also give rise to separate civil claims for fraud or financial harm, which could be pursued independently or alongside an emotional distress claim.
Does that make sense?
Yes, and yes, he has inflicted those traumas on me. Does physical abuse and emotional abuse count? I'd think so, and he's caused me so much trauma, it's hard to go through day to day without something triggering me and I've taken many prescription medicines and self-medicated over the pain.
Yes, both physical and emotional abuse can form the basis of a claim for intentional infliction of emotional distress, especially when the resulting trauma is severe and ongoing, as you’ve described. Your history of treatment, medication, and emotional suffering may serve as powerful evidence to support the seriousness of the harm caused and help establish the legal elements required for such a claim.
And you’re very welcome.
I have endured being arrested for false reports to the police, my dad has made on me. he's brought so much duress on me for a long time. I always question my sanity, still to this day, I have trauma responses that do actually affect me physically. I feel neurotic sometimes.
So sorry you're dealing with this.
With gathering all the documents and other things to prove the duress will this go any where with the claims court
I think you're well positioned yes.
How do I go about starting to file this claim?
You're hire a local lawyer and prepare a complaint. If you're looking for help with the drafting just let me know and I can provide a proposal for this Legal work. happy to help.
