Infliction of Emotional Distress

When one person purposefully engages in behavior intending to and actually causing severe mental anguish in another, he or she is subject to the laws regarding the intentional infliction of emotional distress.

infliction of emotional distress

There are several factors which determine the extent to which a perpetrator may be liable in such a claim;

a) The wrongdoer’s behavior must be extreme and outrageous;
b) intentionally or recklessly committed; and
c) cause severe emotional distress.

An example of intentional infliction of emotional distress would be an aide in a nursing home telling an aged resident that her family has died, knowing they really had not, just to disturb the resident.

a) Extreme and Outrageous

The wrongdoer’s behavior must be deemed extreme and outrageous. If the wrongdoer’s actions would cause a person of average temperament to suffer emotional distress, then those actions can be deemed “outrageous.” Consideration is given for those individuals whose temperament is more sensitive or high-strung. When this sensitivity is known by the wrongdoer, the standard for outrageousness can be lowered.
b) Intentional or Reckless

The harmful behavior must intentionally be done to cause emotional distress or with reckless disregard to such a consideration. Intention can be established by either subjective intent or by the wrongdoer having substantial certainty of the result. However, liability can also be established if the wrongdoer displays a reckless disregard for the likely outcomes of his behavior.

c) Severe Emotional Distress

Severe emotional distress is required for a victim to recover for intentional infliction of emotional distress. Therefore, you do not need to show both physical harm and a physical manifestation of emotional distress to recover compensation for your injury. However, it is helpful for the victim to show other non-emotional damages such as loss of gainful employment.

Legal Professionals for Infliction of Emotional Distress Claims

If you or someone you love has suffered from the intentional infliction of emotional distress, call The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an online questionnaire. The initial consultation is FREE. If we agree to handle your case, we will work on a contingency fee basis, meaning we do not get paid unless there is a monetary recovery of funds. Timing is important, because statutes of limitation affect how long you have to file a claim.

We offer a free case evaluation. Get in touch with us.

Se habla Espanol

What Our Clients Say

“I am the owner of an insurance agency. I was seriously injured in an automobile accident. As you can imagine being in the insurance industry, I know many law firms. For my personal case, I wanted the very best law firm. I knew of the sterling reputation of the Rothenberg Law Firm for their competence, integrity and ability to get me all the compensation that I sought and needed. My high expectations were more than fulfilled. During the course of the litigation there where a number of settlement offers which the firm promptly and dutifully communicated to me and urged me not to accept. They were right. In the end they got me an enormous amount of money for my injuries and loss of earnings; far more than I could have ever imagined. This is a super law firm and I unequivocally recommend them to everyone that has been injured.”

Ed M.

"Working with The Rothenberg Law Firm was a very easy and straightforward process. They actually surprised me with the extra time and additional attention to my case. I'd recommend them to anyone."

Victoria H.
New York
Total Rating 4.94 out of 5 based on 64 reviews