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    krisphey's Avatar
    krisphey Posts: 2, Reputation: 1
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    #1

    Jun 6, 2011, 11:08 AM
    Pain and suffering in small claims court?
    My brother suffer from a painful illness in which smell from cooking, perfume and some cleaning product etc bring him migraine headache, he is on disability but not for this matter at all but. Over the time in the house they agree on installing an fan smell extractor over the time they were not willing to turn on it before cooking
    There started big problem they claim that the fan make food taste bad, in winter time if someone got cold was because of the fan. I went to have talk with them and they are not willing to cooperate with him. The fan was removed from place well the thing is my bro wants to move but he have not enough money for his his expenses cause he need to move in a place along in order to be worth move out. Now he is having daily and prolonged headache and there is no way to convince my parents to help him, putting the fan back you may not get it but if he is exposed the smell of coffee when we making it he got headache now he want to die I'm afraid he is thinking of suicide, taking him with me won`t be worthy either, my question is are my parent making him suffer according to law or can he take them to court for pain and suffering?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 6, 2011, 12:36 PM

    He would have to prove - if you are in a State which accepts a Small Claims Court pain/suffering action - that his parents deliberately, willfully, knowingly are harming him.

    I don't think you can prove it but you know the situation better than I do.

    Why doesn't he move in with you?

    If he wants to die and is considering suicide he has problems outside food tasting and smelling bad. Have you sought medical help for him?
    krisphey's Avatar
    krisphey Posts: 2, Reputation: 1
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    #3

    Jun 6, 2011, 08:33 PM
    Hello, I appreciate your fast response I called my bro and told him what you said and he have no idea but verbally my parent and my other brother told him that they don't care anymore cause n he has been suffering from smell problem since 1998 he only ask them o turn on the extractor fan before cooking he has medical doctor that can testify and therapist are well informed about his problems there have been so much fight over the fan extractor I mean daily scandals even neighbors knows they know very well that smell cause him debilitating headache he said when they make the first coffee in morning smell enter his room of what happening at home he has records all over the city s hospital been in different headache clinic at home they have have fights over the installed fan he want to die is because he feels that his own family are not considerated with him he feels along. The thing is my parents don't want understand through dialogue and have the idea of searching about what can we do they understand my brother medical condition in fact they ignoring when he complains about. Do you think he should go file a complain with the police. I can't take him cause I have no accommodation for him he will suffer more ill make his life better cause he is my bro. but I'm afraid my two daughter and wife won`t be considered enough. Thank for your time and help.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 6, 2011, 08:58 PM
    Quote Originally Posted by krisphey View Post
    Hello, I appreciate your fast response i called my bro and told him what you said n he have no idea but verbally my parent and my other brother told him that they dont care anymore cause n he has been suffering from smell problem since 1998 he only ask them o turn on the extractor fan before cooking he has medical doctor that can testify and therapist are well informed about his problems there have been so much fight over the fan extractor i mean daily scandals even neighbors knows they know very well that smell cause him debilitating headache he said when they make the first coffee in morning smell enter his room of what happening at home he has records all over the the city s hospital been in different headache clinic at home they have have fights over the installed fan he want to die is because he feels that his own family are not considerated with him he feels along. The thing is my parents dont want understand through dialogue and have the idea of searching about what can we do they understand my brother medical condition in fact they ignoring when he complains about. Do you think he should go file a complain with the police. i can't take him cause i have no accommodation for him he will suffer more ill make his life better cause he is my bro. but im afraid my two daughter and wife won`t be considered enough. Thank for your time n help.
    Your text is giving me a headache. Can I sue you?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 7, 2011, 05:48 AM
    Quote Originally Posted by krisphey View Post
    Hello, I appreciate your fast response i called my bro and told him what you said n he have no idea but verbally my parent and my other brother told him that they dont care anymore cause n he has been suffering from smell problem since 1998 he only ask them o turn on the extractor fan before cooking he has medical doctor that can testify and therapist are well informed about his problems there have been so much fight over the fan extractor i mean daily scandals even neighbors knows they know very well that smell cause him debilitating headache he said when they make the first coffee in morning smell enter his room of what happening at home he has records all over the the city s hospital been in different headache clinic at home they have have fights over the installed fan he want to die is because he feels that his own family are not considerated with him he feels along. The thing is my parents dont want understand through dialogue and have the idea of searching about what can we do they understand my brother medical condition in fact they ignoring when he complains about. Do you think he should go file a complain with the police. i can't take him cause i have no accommodation for him he will suffer more ill make his life better cause he is my bro. but im afraid my two daughter and wife won`t be considered enough. Thank for your time n help.


    Why doesn't he move out and get his own apartment? I repeat because this is important - IF HE IS THINKING ABOUT KILLING HIMSELF ("... he want to die ...") over this he needs professional mental health care.

    The Police will do nothing.

    If he is in danger of dying I don't understand why you can't take him in, even if you have a wife and children. He's your blood and you say he's in danger.

    I see no lawsuit here. If he sues and your parents throw him out (which they probably would do), then what happens?

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