What are Some Examples of Abusive or Insulting Language?
- Verbal threats;
- Humiliating statements;
- Racial or sexual slurs; and
- Scandalous statements.
Will Either Party Be Liable For Damages When Both Parties Exchanged Abusive or Insulting Language?
Although there is not clear rule on this issue, it is most likely that both parties will not be able to sue each other when they both used abusive or insulting language.
Can I Sue If Someone Said Something That Made Me"Feel Bad?"
Minor injuries to feelings are usually not enough to hold someone liable for damages. However, there is no universal rule that determines how abusive or insulting the language must be before one can sue. Most of the time, this issuewill be determined in light of the facts and circumstances surrounding the case. As a general rule, the court will often start by looking at whether the language will cause severe emotional distress to an ordinary person with ordinary sensibilities and reason.
Evidence, Responsibility and Legal Recourse
When one party has been the subject of verbal abuse, he or she is usually the only party that sustains psychological or emotional damage in the ordeal. However, when both parties have been equally abusive, there may be no claim for either. Usually, only one person is permitted to sue the other. Evidence, however, does strengthen the case when it is provided as a visual for the jury or judge. An illness or physical manifestation of the injuries shows those involved how the victim has suffered and why a claim for compensation is necessary.When seeking to resolve the claim for verbal abuse cases, it is best to obtain alawyer for assistance. The elements that must be proven could be difficult without legal representation. Additionally, if other complications arise, the lawyer may have the knowledge necessary to ensure a smoother experience. This legal professional may improve the odds of asuccessful outcome.
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