Can You Sue Your Ex For Breaking Your Heart?
We’ve all been there. You’re feeling on top of the world when suddenly, you get that awful text saying “We need to talk…” and before you know it, you’re 2 pints deep into chocolate ice cream with your friends patting you on the back saying “you’re too good for them.”
Breakups are always messy, awful, and absolutely miserable. Getting dumped, especially before or after Valentine’s Day (when breakups statistically happen the most), has to be one of the worst feelings anyone can go through.
I’m sure on television or in movies, you’ve heard lawyers talking about suing people for “mental anguish” and “emotional distress” and I’m sure the question as to whether or not you could EVER use this has probably crossed your mind.
So, for all of our friends who WERE celebrating Valentine’s Day and are NOW celebrating Single’s Awareness Day, let’s help answer this question:
Can I Sue My Ex For Breaking Up With Me?
Let’s assume you have no shared property and let’s just say we decide to sue your ex for negligence. In Texas, someone commits negligence when an “ordinarily prudent person exercising ordinary care would not have done under the same circumstances, or, that the defendant failed to do that which an ordinarily prudent person in the exercise of ordinary care would have done.” (or in your case, “A GOOD partner WOULD NOT have left me because no reasonable human being could EVER leave me!”)
So now let’s describing what kind of damages (money awarded to you) you could potentially try to recover.
In Texas, personal injury claims have two distinct types of damages an injury victim may potentially recover:
- Economic Damages – These are damages that can be tangibly calculated. Things like medical bills, lost wages, property damage are all forms of economic damages that a personal injury lawyer can help you recover. In the example of trying to recover for being dumped, you wouldn’t really look to recover anything from economic damages.
- Noneconomic Damages – These are damages that are not easily calculated or have a tangible value like a bill. In Texas, there are a variety of non-economic damages a personal injury lawyer can help recover that include disfigurement, physical impairment, pain and suffering, mental anguish and loss of consortium. IF there was a cause of action against your ex, these would be the types of damages that could potentially apply.
Here’s The Problem With Trying To Sue Your Ex For Breaking Up With You
The issue with trying to sue your ex for causing you emotional distress is that there is no physical injury tied to the negligence of your ex. Unfortunately, Texas courts have made it clear that there is a particularly HIGH standard you would need to meet as a victim in order to recover from ONLY emotional distress.
Cases such as wrongful death cases of a parent, spouse or child, or bystander claims (which has an even HIGHER standard) can likely recover in non-physical injury scenarios.
Most non-economic damages are tied fairly closely to actual physical injury claims, for example, if you were in a car accident and were paralyzed as a result, an experienced car accident lawyer could potentially recover for not only economic damages, but for non-economic damages such as physical impairment, pain and suffering, mental anguish and even loss of consortium (for your spouse).
The next time you’re dumped on a holiday, just remember the old adage: It’s better to have loved then lost than to have never found love at all.
Call The McAllen Injury Lawyers At Moore Law Firm Today!
If you or a loved one have been involved in an accident and have suffered physical injuries, call the McAllen injury lawyers at Moore Law Firm today at 1-800-444-2780 for a FAST and FREE consultation!