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My own therapist is suggesting to walk away and just allow this person to walk away from being responsible for a hell of a lot of damage. Why?because it is taking so much out of me? And I have been raped in a very bad way by a neighbor who still tresspasses, so I am just suppose to let him do this? Just stick a death needle in the crippled animals and sell everything I can, including my farm (which he will be the first in line to buy) and where do I go? So, in other words just let people to rape me? Lay there and take it and say nothing? (Emphasis added)
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In my opinion, the tone of the responses, including mine, could have been better.
Open Eyes talked to her neighbor for nine years about the dogs before the proceeding was started. Seven years in litigation and the neighbor still trespasses. The damage the dogs and her neighbor have done has exacerbated Open Eyes PTSD. Apparently, Open Eyes' therapist believes ending the suit will help her emotionally. I think it is very possible throwing in the towel will devastate her.
There is a legal theory called infliction of emotional distress, either intentional or negligent. Her attorney I hope has plead that theory. So Open Eye's CSA is an important issue and should not be separated.
In my view, there are a number of options to consider:
- Dismiss the lawsuit and move on.
- Dismiss the lawsuit and file a complaint against her attorney
- Dismiss the lawsuit, file a complaint against the attorney and sue the attorney if he is not ordered to pay restitution for any expenses paid. The infliction of emotional distress could be an additional cause.
- Find a different attorney to finish the lawsuit, file a complaint against the current attorney for malpractice and decide whether to sue the former attorney for damages.
As a former attorney, I expect many will disagree with my advice. The litigious society and all that. People were a lot nicer to me when their ox was gored and they were looking for help.
Open Eyes has been through hell. She must decide. What I perceive as a problem for her is not having someone she trusts in real life to help her. She seems very alone.
Open Eyes, I will support you in whatever way I can. Please consider your decision from the perspective of what is best for you. Your health is a very important factor -- your decision must account for the potential affect on your health.
Thinking of you, friend.