What is the Statute of Limitations for mental anguish suit against a disabled person? 6 Answers as of January 20, 2014I was taken advantage of in my fragile mental state by my ex-husband while getting treatment for my mental disability. He used the legal system to mentally abuse me to try to get me sicker and weaker by constantly taking me back to civil court knowing I couldn't get an attorney and ultimately took my children knowing that I had no money to pay child support and much less pay for an attorney because I was very sick at the time and in and out of the hospital for suicidal tendencies. I was close to suicide on many occasions because he refused visitation (documented). Now, after treatment, I realized how he took advantage of my mental state and completely stripped me of all rights without me having anyone defend me when clearly I was too disabled to understand enough to handle such a matter.
Law Offices of George H. Shers | George H. Shers
I am sorry for your situation but the law in general does not allow for mental anguish lawsuits, especially without physical injuries occurring. If the behavior is truly outrageous [which is a very difficult barrier to overcome] a lawsuit would be allowed but it would have to be filed within 2 years of the injury date. I do not think you would get an attorney who would be willing to even try to file suit. The rationale behind the legal block is that anyone could claim other people caused them to suffer mentally, even if it was just a little bit. To prevent a vast number of suits, the court will allow such a claim only if the person suing can show an actual physical injury.
Answer Applies to: California
DUSTIN DEISSNER | DUSTIN DEISSNER
The statute of limitations for torts (civil wrongs) is 3 years for most things. Exceptions include intentional wrongs which are a 2 year statute. On the other hand the limitations period is tolled (stops running) if the claimant is incompetent (has a guardian or is hospitalized). The actions you describe would not arise to the level of a mental anguish case under most circumstances because legal proceedings are privileged. So that is a generally tough case you are describing.
Answer Applies to: Washington