Suing For Emotional Distress
Summary
To sue for emotional distress due to perjury in California, the defendant must have knowingly committed perjury, causing severe emotional distress. The perjury doesnt need to be proven in the previous case but must be established. Success in proving perjury may provide grounds for an appeal or a new trial but doesnt automatically reverse the previous judgment. A civil litigation lawyer specializing in personal injury or tort law is recommended for such cases. Consult a local attorney for personalized advice.Full Conversation
what has to happen if I want to sue for emotional distress because of perjury
In California, if you want to sue for emotional distress due to perjury, consider these points:
*. The defendant must have committed perjury knowingly.
*. The perjury caused you emotional distress.
*. The distress was severe.
Remember, each case is unique. Consult a local attorney for advice.
does the perjury have to be proven in the previous court case for me to do so
In California, for a perjury claim, the false statement must have been made under oath and intentionally. It doesn't necessarily have to be proven in the previous court case, but you need to establish that perjury occurred. Seek legal counsel for specifics.
if I'm successful with the perjury claims. Would it reverse the previous judgement that was made because of the perjury
In California, if you're successful in proving perjury, it may provide grounds for an appeal or a motion for a new trial, but it doesn't automatically reverse the previous judgement. This will depend on the court's discretion and the impact of the perjury on the case outcome.
what type of lawyer do I need
You would likely need a civil litigation lawyer specializing in personal injury or tort law, as emotional distress claims often fall under these categories. They can also help with perjury claims. Remember to consult with a local attorney for specifics.