Important questions re: Tort claim during divorce process

I’m wanting to do a tort lawsuit asap while my bed and board divorce is in process. No PI attny in my area will handle my case of intentional infliction of emotional distress. Aware of the high bar and feel I can amply prove horrid actions as I have familiarized myself with in that tort.

  1. If I should prevail IIED, would my monetary damages be separate from what Judge or Arbitrator determines in my bed and board divorce?
  2. Aware of 3 yr statute of limitations. Since showing a pattern of behavior is important, can I refer to prior behaviors (before the 3 yrs)
  3. I have not had the funds, zilch, to see a local psychiatrist plus none accept medicare. And riddled with anxiety, i only can drive myself a couple of miles max anywhere. Told GP about my panic, etc and she prescribed a higher dose of medication, however medicare will not allow. Such medication is $300 a month out of pocket. So no go.
    How I haven’t croaked already is a miracle. What can then I do to prove the torturous emotional damage?
  4. Is husband’s separate property wealth protected for being awarded monetary damages in an IIED?

Sorry, but i am struggling to survive with all my might.

You should contact a general civil litigation attorney that handles these types of claims.

(1) A monetary award for a tort claim will be separate from a divorce from bed and board action. These are completely separate hearings that are heard in different courts.

(2) Generally you have 3 years from the date of the last incident to be able to file a claim.

(3) You will need to contact a general civil litigation attorney that handles these types of claims for details on how to successfully prove specific torts

(4) The distinction between separate property and marital property is irrelevant in a tort lawsuit.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

thank you much for kind helpfulness :slightly_smiling_face: