Do I have a case for emotional damages and defamation?

[Albert12]

What is the name of your state (only U.S. law)? New York


Can I sue for emotional damages and defamation?

To keep it simple, what I'm telling you is skin deep, there's so much more to it, but I want to know if I have a case.

For me, however, unfortunately a few months back there was a girl that faked a pregnancy, and wanted me to 'beg her for an abortion' which I ended up doing as if she was doing me a favour. Essentially she had used that as leverage to get me to stay with her for several months. During that time, a supposed friend would message me in the middle of the night from her phone claiming that this girl was getting cardiac arrest. This was happening for about a month almost every night, in which I was put on another anti depressant, because at that point I thought the blood would be in my hands, that her cardiac arrest was my fault (claiming it was a side effect from the abortion pill). A few months later I discovered that it had all been fabricated and I had a mental breakdown. Not to mention the suicidal thoughts. I was also prescribed more ativan and the withdrawal caused some seizures. She had also made claims during the time that I was with her that her friends wanted to run me over, and as of now she's still going to my university and we share a lot of mutual friends, so she still has the potential to be in my life.

Also, in terms of the abortion papers, I did request them and she did refuse to give them to me because it was obviously fabricated. Can I not get a lawyer to force her to cough up the information SHES withholding? Or at least some closure, because I've got none of that. Do I have a case?

 

[quincy]

What is the name of your state (only U.S. law)? New York


Can I sue for emotional damages and defamation?

To keep it simple, what I'm telling you is skin deep, there's so much more to it, but I want to know if I have a case.

For me, however, unfortunately a few months back there was a girl that faked a pregnancy, and wanted me to 'beg her for an abortion' which I ended up doing as if she was doing me a favour. Essentially she had used that as leverage to get me to stay with her for several months. During that time, a supposed friend would message me in the middle of the night from her phone claiming that this girl was getting cardiac arrest. This was happening for about a month almost every night, in which I was put on another anti depressant, because at that point I thought the blood would be in my hands, that her cardiac arrest was my fault (claiming it was a side effect from the abortion pill). A few months later I discovered that it had all been fabricated and I had a mental breakdown. Not to mention the suicidal thoughts. I was also prescribed more ativan and the withdrawal caused some seizures. She had also made claims during the time that I was with her that her friends wanted to run me over, and as of now she's still going to my university and we share a lot of mutual friends, so she still has the potential to be in my life.

Also, in terms of the abortion papers, I did request them and she did refuse to give them to me because it was obviously fabricated. Can I not get a lawyer to force her to cough up the information SHES withholding? Or at least some closure, because I've got none of that. Do I have a case?

I do not see that you have a defamation suit here that has much of a chance of being successful. The woman lied to you. You believed the lies. But your reputation was not affected. Your mental health was.

Outside a lawsuit, a lawyer cannot force anyone to "cough up information." When a lawsuit is filed, however, information will often need to be coughed up by a party to the suit, as part of the discovery process.

You can review all of the facts with an attorney in your area of New York but, again, I do not see from what you have posted that you have much to support a defamation claim. Damages awarded in a successful defamation claim could potentially include emotional harm suffered as a result of defamatory statements made about you.

 

[Albert12]

I do not see that you have a defamation suit here that has much of a chance of being successful. The woman lied to you. You believed the lies. But your reputation was not affected. Your mental health was.

Outside a lawsuit, a lawyer cannot force anyone to "cough up information." When a lawsuit is filed, however, information will often need to be coughed up by a party to the suit, as part of the discovery process.

You can review all of the facts with an attorney in your area of New York but, again, I do not see from what you have posted that you have much to support a defamation claim. Damages awarded in a successful defamation claim could potentially include emotional harm suffered as a result of defamatory statements made about you.

And in terms of emotional damages? Also if she claimed she had an aboriton and is refusing to hand me the papers isn't that against the law since its my right as well? (Even though the papers don't exist). And thank you for replying I appreciate it.

 

[quincy]

And in terms of emotional damages? Also if she claimed she had an aboriton and is refusing to hand me the papers isn't that against the law since its my right as well? (Even though the papers don't exist). And thank you for replying I appreciate it.

Are you thinking you have a legal action you can pursue against this woman because she lied to you and you suffered emotional or mental distress because of the lies? While I am sure that you have suffered from her lies, I do not see that your reaction to her lies can support a lawsuit - not based on what you have posted here.

If the woman had, in fact, been pregnant, whether to have an abortion or not is up to the woman.

You have no legal right to the woman's medical records.

Again, however, you can review all facts with an attorney in New York who after this personal review can better tell you if you have any other legal options available to pursue (perhaps harassment?). You probably would be smart to remove yourself as much as possible from any connection with this woman (even if it means cutting off contact with some of your friends), seek help for the emotional problems that resulted from your relationship with her, and then (at least for awhile) concentrate all of your thoughts on your university studies.

Good luck.

 

[Proserpina]

I'm just going to echo quincy's advice, and add a bit.

I think a support group might help you. Have you looked into that

 

[Eekamouse]

Perhaps next time you'll remember the value of using condoms or practicing abstinence until you're mature enough to handle all the things that go with having sex.