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Can my friend sue for emotional distress and pain and suffering PLEASE READ?

Well my friend and his ex-girl friend had a bad break up in result of that bad break up, she kept their son away from him. It has been 5 months and he still havent seen his son he missed his son birthday and he have tried numerous occasions contacting her on phone and facebook about 3 months ago he stopped because she was just getting pleasure out of him begging to see his son. He have disrespectful facebook messages to prove of her saying you will never see your son again, As a result i saw this literally break him down he was depressed always talking about how he missed his son anything that reminded him of his son just made it worse, their was a incident where he tried to commit suicide by overdosing on medicine he had to go to the doctor and they pumped his stomach he didnt get better until he met this other girl and she helped him get emotionally stronger he is currently with her now. He has a case pending in court to get rights over his son but this seriously effected him and is still doing so but he's dealing with it in a better manner now, can he sue for emotional distress? BUT THEIRS MORE PLEASE READ. The pain and suffering part comes in because when they broke up she told him "thats why you have herpes" she said it out of anger while they were arguing and his current girl friend was right their when she said it, it turns out he is positive for herpes disease (it is treatable but not cure-able . Is that considered pain and suffering, if not what is it called in legal terms and can he sue her for that as well.

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  • 10 years ago
    Favorite Answer

    That's AWFUL!

    Your friend CAN sue for custody. He should print every page that makes the threat, You will never see your son again. If he has voice mail messages that say the same thing, he should get those converted onto a disk. I have seen moms lose custody of their children for this very thing.

    Now I am NOT a lawyer, so I don't know the law on this, nor what your states allows you to do, but it seems to me that he MAY have a separate claim on the herpes thing and he NEEDS to talk to a lawyer. I would try a personal injury attorney first and see where that gets you. I would assume that he has future medical bills for the treatment of a disease that was unknowingly given to him by his girlfriend, and that is an economic loss. It's not your friend's problem that she can't afford it. Now suing isn't winning, and winning isn't collecting, but neither of those things precludes your friend from pursuing a claim.

    Knowingly infecting someone with a communicable disease that cannot be cured CAN land someone in very hot water. We're not talking about the flu here, but herpes is an STD that MAY reduce your chances for having children in the future. This actually happened to an old friend of mine, whose man didn't tell her he had herpes, he spread it to her, and she had such a serious infection, whatever you want to call it, that it made her sterile. That is where the pain & suffering comes in, knowing he has this disease, knowing that he can't get rid of it, knowing that it will affect all his future relationships, etc.

    I would talk to a lawyer, and I would not wait. You do have a statute of limitations, and once that passes, you have no further recourse for pursing a claim.

    I am so sorry for your friend. That totally sucks.

  • 6 years ago

    I got diagnosed with genital herpes (type 2) about seven years back, while I was still attending college and had a silly one-night stand. I realize a lot of young ladies will say this, but I swear I had certainly not done that sort of thing before. I just made a huge mistake that one time and suddenly it seemed like I was going to have to live with the implications for my entire life. The hardest part was feeling I could never date guys again. In the end, who wants to go out with someone who has sores around her private parts? But since a friend shared this video https://tr.im/TJ1nF everything changed.

    Not only was I able to eradicate all remnants of the herpes simplex virus from my body in less than 21 days, but I was also able to begin dating once more. I even met the man of my dreams and I'm so lucky to write that just a week ago, in front of everybody in a crowded restaurant, he got down on one knee and proposed to me! This system provided the opportunity to be happy and experience real love. Now I want to help you too by sharing this with the whole World.

  • ?
    Lv 7
    10 years ago

    If she doesn't have any assets, there is no practical reason to sue her. Most parents who have split up say horrible things to each other, and they don't sue each other. He should wait for the court to take action. A mother has no right to withhold a child from a parent, and she could lose custody for doing that.

  • 10 years ago

    No, he can't sue her. You don't get damages because someone said something unkind. He really needs to get his mental health issues sorted out and harden the f*ck up.

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