Can you sue your spouse for PTSD?
Asked by: Ciara Hermiston | Last update: September 7, 2025Score: 5/5 (44 votes)
Legally speaking, you can sue your ex-husband for PTSD if you can prove that his actions directly caused your condition. These lawsuits typically fall under the category of
Can I sue my husband for emotional stress?
However, California law recognizes the seriousness of emotional injuries, even if they lack physical symptoms. “You can't prove it.” Despite its intangibility, you can prove emotional distress in court. You can provide evidence through medical records, journal entries, and expert testimonies.
How much can you get for an emotional distress lawsuit?
First, there exists a garden variety emotional distress claim where you assert the claim but do not need to find and obtain a medical opinion by a therapist or psychiatrist. Generally, these claims are worth $30,000-$50,000.
What can a husband sue his wife for?
The rationale behind this was the belief that lawsuits among family members would destroy relationships. In 1994, this doctrine was abolished, allowing spouses to sue each other for things like battery, negligence, fraud, and intentional infliction of emotional distress.
Can you sue someone for causing PTSD?
You can sue for post-traumatic stress disorder (PTSD) after an accident that someone else caused. Whether you were hurt in a car accident, truck accident, or another type of incident, you have the opportunity to file a lawsuit to recover your non-economic damages, including PTSD.
Learning ways to support a spouse with PTSD
What is the average payout for PTSD?
The average PTSD settlement amount is often between $10,000 and $100,000. Factors that influence the amount include injury severity, loss of income, how fault is determined, and the impact of injuries on everyday life.
How to prove PTSD in court?
A PTSD diagnosis requires the following: a traumatic event, flashbacks, avoidance, arousal and reactivity symptoms, and cognition and mood symptoms. 5Id. at 393. The evidence in a case involving claims of PTSD must demonstrate that the victim experienced an event that threatened death or serious injury.
How does suing for emotional distress work?
In an emotional distress claim, proving that the defendant acted with intent is key. This means showing that they knew or should have known their actions would cause serious distress. Your lawyer will start by gathering evidence such as emails or text messages, which can be crucial in establishing this intentionality.
Can I sue the other woman for emotional distress in Canada?
You can sue for emotional distress if evidence proves that the party was you are suing was negligent or intentionally harmed you. The law in Canada deems an emotional distress claim as serious as a physical injury due to how debilitating this can be for the victim.
Am I responsible if my spouse gets sued?
Assets in both parties' name are fair game. So, if you and your spouse hold a joint bank account or are co-owners of a car, boat, or home, a plaintiff pursuing payment on a legal judgment against your spouse may also pursue co-owned assets by you. This also applies if you hold a joint insurance policy with your spouse.
How hard is it to prove emotional distress?
Proving a claim for emotional distress can be intricate due to the subjective nature of emotional experiences and the lack of tangible evidence. However, several key considerations increase the likelihood of a successful claim: Severity.
How much can I sue for emotional distress in Canada?
In Canada, you can get up to $ 350000 compensation due to emotional distress. Because non-economic damages may exist in such cases, determining compensation may be difficult. Economic losses include property loss, employment inability, a bad influence on one's professional abilities, and other things.
Can I sue my ex-husband for PTSD?
Yes, but only in rare situations in which your ex's behavior was really bad and the distress you suffer is severe. In some states, you must have physical symptoms to move a case forward. You do not need to have suffered physical abuse, but a standard breakup is not enough.
What is emotional distress worth?
Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...
Can I sue my husband for emotional abandonment?
If a spouse's actions, whether through neglect or intentional harm, result in severe mental suffering, it is possible to file emotional distress claims against them.
What is the most you can sue for emotional distress?
This amount can vary significantly on a case-by-case basis, however. These damages are determined based on a number of factors including total out-of-pocket cost, damages caps, and the severity of your pain and suffering or emotional distress. Some PTSD lawsuits have settled for between $50,000 to $100,000.
Can I sue someone for interfering in my marriage?
Depending on where you live, you might have the option of suing for "criminal conversation" or "alienation of affection." Both of these causes of action are civil lawsuits (known as "marital torts") filed by the aggrieved spouse (the "plaintiff") against the alleged homewrecker (the "defendant").
How do you calculate emotional damages in a lawsuit?
The Multiplier Method
One of the most common approaches to emotional distress compensation involves taking the total of your economic damages and multiplying it by a number between 1.5 and 5, depending on the severity and duration of your mental distress.
What is psychological anguish?
n. mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms.
Can I sue my employer for PTSD?
A California employer can be sued for harmful conduct for any job related stress they caused that may have caused emotional distress or emotional injuries in employees.
How do you show proof of PTSD?
Evidence of an In-Service Stressor
Documentation or credible evidence that a traumatic event occurred during service, capable of causing PTSD. For combat veterans, personal statements may suffice. Non-combat veterans need corroborative evidence such as buddy statements or service records.
What are the 7 symptoms of PTSD?
- Being easily startled.
- Feeling tense, on guard, or on edge.
- Having difficulty concentrating.
- Having difficulty falling asleep or staying asleep.
- Feeling irritable and having angry or aggressive outbursts.
- Engaging in risky, reckless, or destructive behavior.