Emotional Distress Damages are available when the harm results from another tort, such as assault. However, if the plaintiff is suing for IIED unconnected to another tort, he or she must prove that the defendant engaged in extreme and outrageous conduct.
What Is Emotional Distress?
Emotional Distress is a state of Mental Suffering Caused by an extreme experience. The mental suffering may include issues such as anxiety, panic, self-guilt, suicidal thoughts, and depression. Emotional distress us typically given to a person who has suffered physical or mental harm resulted from a intentional or accidental injury.
What is the Tort of Intentional Infliction of Emotional Distress?
The tort of intentional infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant’s conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress.
What Constitutes Intentional Infliction of Emotional Distress?
Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an “extreme and outrageous” way.
What Kind of Damages are Emotional Distress?
Emotional Distress Damages can be a major component of recovery in a personal injury case. If you are injured and file a successful lawsuit, you can get compensation for pain and suffering in addition to any economic damages (medical bills, lost wages, etc.) related to your injuries.
What is Negligent Infliction of Emotional distress?
Negligent Infliction of Emotional Distress (NEID) is, in essence, a personal injury claim that arises when one person (the defendant) acts so carelessly that he or she must compensate the injured person (the plaintiff) for his or her mental or emotional injury.
What is Mental Anguish and Emotional Distress?
Mental anguish is an element of non-economic damages usually sought in personal injury cases, medical malpractice and sometimes defamation cases. Generally, “mental anguish” translates to certain types of suffering that may include distress, anxiety, fright, depression, grief, or trauma.
Emotional Distress Examples
- Plaintiff suffers severe emotional distress as a result of defendant’s conduct.
- Intentional or reckless act.
- Extreme and outrageous conduct.
Types of Emotional Distress Claims?
There are several ways in which emotional distress issue may be brought up in the court of law:
- Intentional infliction of emotional distress
- Negligent infliction of emotional distress
- Parasitic emotional distress (accompanying bodily injury)
- Using emotional distress to get damages for “pain and suffering”
- Using emotional distress to recover damages for “loss of consortium”