The law in South Carolina recognizes two civil actions that may form the basis of a civil lawsuit for emotional abuse. One is negligent infliction of emotional distress, and the other is intentional infliction of emotional distress. Success with either claim requires the victim to prove that they endured significant mental suffering or distress either because of the intentional conduct of another person or because of another person’s negligence.
South Carolina has some specific requirements that must be met for a cause of action for the negligent infliction of emotional distress. The person whose negligence causes the distress must have also caused death or serious physical injury to a third party. This “third party” is not the person who brings the action. Rather, it is another person who is not involved in the lawsuit.
The victim of the claim for negligently inflicted emotional distress is a person who was a bystander or was physically close to the accident that injured or killed the third party. Of course, if the person who claims that they are the victim of the negligent infliction of emotional distress was also physically harmed by the negligent party, then they would be able to claim emotional distress as part of their claim for damages for negligence.
In addition, the bystander victim and the third party must have been closely related as a relative or spouse. Good friendship would not be a sufficiently close relationship. The victim must have seen or heard the accident when it happened, in addition to having been located in close proximity to it.
Lastly, the victim’s emotional distress must have been expressed in physical symptoms. These symptoms would be such conditions as post-traumatic stress disorder (PTSD), headaches, fatigue, weight loss, high blood pressure, or depression. A person would be more likely to succeed, which must be established by expert testimony. Such symptoms might include PTSD, headaches, fatigue, weight loss, high blood pressure, or depression.
A person would be more likely to succeed with their claim of negligent infliction of emotional distress if they were to be treated by a physician for the symptoms of the distress. A local attorney in South Carolina would be able to analyze a person’s case and determine whether they have a claim for emotional distress.
A victim of the intentional infliction of emotional distress does not have to have been a bystander to the infliction of physical harm on a close relative. The requirements for the intentional infliction of emotional distress are different from those for negligent infliction of emotional distress as follows:
- The responsible person must have intentionally or recklessly inflicted severe emotional distress on the victim.
- The responsible person must have been sure, or substantially sure, that the victim would experience emotional distress as a result of the person’s conduct.
- The conduct must have been something that could be characterized as so “extreme and outrageous” as to exceed “all possible bounds of decency,” “atrocious,” and “utterly intolerable in a civilized community.”
- The person’s actions must have caused the victim’s distress in fact.
- The victim’s emotional distress must have been “severe” and something that no reasonable person should be expected to have to endure.
Again, for the intentional infliction of emotional distress, the victim does not have to have been a bystander to the physical injuring of a closely related person.
Does Emotional Abuse Need To Be Reported?
Certain professionals are required by South Carolina law to report child abuse or neglect if they know of it or suspect it. Among the professionals who are mandated reporters are educational professionals, e.g., teachers, and healthcare professionals, e.g., doctors and nurses. However, South Carolina encourages all adults to report known or suspected abuse.
To report suspected child abuse or neglect, a person should contact the South Carolina Department of Social Services toll-free hotline at 188-227-3487. This hotline is available 24-7. Via the hotline, a person is able to speak to a staff member who helps them make their report. The staff member also assesses the report to decide if an investigation is necessary.
In South Carolina, abuse of a child may be emotional abuse. It includes conduct toward a child that inflicts serious emotional or psychological damage or mental anguish. This may include active abusive conduct such as the following:
- Repeatedly demeaning a child verbally
- Frequently shouting or yelling at a child
- Telling harsh jokes at the expense of a child
- Isolating a child.
Emotional abuse might also be passive in character, such as the following:
- Failing to provide a child with the emotional support and nurturing they need
- Withholding expressions of kindness or affection
- Subjecting a child to long periods of silence.
A person who has questions about their obligation to report would benefit from an attorney consultation. In some cases, mental abuse charges may also be filed in criminal court.
Emotional abuse of vulnerable adults, e.g., those who are disabled and the elderly, is also specifically addressed by South Carolina emotional abuse laws. A person abuses an elderly person when they knowingly and intentionally cause harm or the serious risk of harm to a vulnerable adult.
Family members can inflict elder abuse, and it may be a form of domestic violence in some cases. However, it is often perpetrated by other bad actors outside of a family, e.g., in a care home.
The law in South Carolina protects adults with disabilities of any age from abuse, and, again, the abuse may be emotional. Mandated reporters of abuse inflicted on vulnerable adults are directed to report the abuse to a law enforcement officer or to the South Carolina Adult Protective Services. The reports should be made as soon as a person suspects the abuse by phone or online.
Mandated reporters are all medical personnel and financial personnel. If any person in one of these roles has reasonable cause to believe that a vulnerable adult is the victim of abuse, neglect, or exploitation, they are required by South Carolina law to report it. A person should call the South Carolina Adult Protective Services at 1-888- 227-3487. Of course, if any threat of harm is immediate, a person should call law enforcement at 911.
Again, abuse may be intentionally inflicting mental anguish on a victim or willfully depriving a disabled adult of the services they need to maintain their mental as well as their physical health.
A person who thinks that they have been the victim of criminal domestic violence should report it to a law enforcement agency in the South Carolina community in which they live.
In South Carolina law, domestic violence is defined as any criminal act of abuse that one family or household member perpetrates against another. Several South Carolina criminal offenses may be considered domestic violence if there is a qualifying victim. These crimes may not involve physical violence.
A South Carolina criminal defense attorney would also be able to offer a person some guidance.
How To Prove Emotional Abuse in Court?
A victim should keep a journal of each incident of emotional abuse if they are able. They would also want to hold onto any evidence that shows the abuse, such as text messages, emails, smartphone recordings, the testimony of witnesses, and medical records of treatment of the effects of the abuse.
A person should seek an evaluation by a licensed psychologist or physician who may be able to document the symptoms of emotional abuse.
Emotional abuse is not physical by definition, but it may be inflicted along with conduct that constitutes physical or sexual abuse. A victim would want to prove that such conduct as the following took place:
- The use of offensive language and yelling
- Name-calling, mocking, and insults
- Verbal or physical threats or intimidation
- Isolation or exclusion of the victim from groups.
If a person is able to keep a journal, they would want to record the date of each episode with details of the abuser’s conduct, how it made the victim feel, and whether there were witnesses.
If a person does not experience the abuse firsthand, they want to talk to the abuse victim and try to document what happens as well as they can. An attorney consultation might help a person gather evidence to prove emotional abuse in court.
Can Someone Go to Jail for Emotional Abuse?
South Carolina law currently requires that the victim and the perpetrator be married, living together, previously cohabiting, or parents of a child. The perpetrator must have injured or threatened to injure the victim. One type of domestic violence is felony criminal offense for which a person may be sentenced up to 20 years in state prison.
What Are Some Legal Remedies for Emotional Abuse?
In South Carolina, a number of remedies and legal protections are available for victims of domestic violence as follows:
- Protective Orders: Victims of domestic violence can get court orders for protection from abuse orders.
- Civil lawsuit: The victim may file a civil lawsuit to get compensation for their economic losses, such as medical bills, and for their pain and suffering.
- Custody/child or spousal support orders: These may be modified to prevent any further incidence of violence between spouses, parents of a child, children, or other people.
A person might sue for compensatory damages from a person who negligently or intentionally caused them emotional distress. Compensatory damages would cover a person’s economic and non-economic losses, e.g., pain and suffering.
There are several facts that courts consider when calculating damages for emotional distress. Some of them are as follows:
- Severity: Severity may be exhibited by the symptoms of anxiety, depression, or PTSD.
- Duration: Emotional distress that lasts for a longer time may be worth more in damages than that which lasts a shorter time.
- Physical Symptoms: A claim is stronger if it is associated with physical symptoms such as insomnia, weight loss, fatigue, or other health issues. Medical documentation of symptoms helps prove emotional distress.
- Daily Life: Evidence that distress has a negative effect on a person’s quality of life may lead to higher compensation.
Should I Hire a Lawyer for Help With Emotional Abuse Claims?
If you think you are the victim of emotional abuse or know someone else who is, you want to contact a South Carolina personal injury lawyer. LegalMatch.com can connect you to a lawyer who can guide you in analyzing your situation and deciding whether a civil lawsuit is the right choice or whether other laws offer you the solutions you need.
