Table of Contents
- What is Intentional Infliction of Emotional Distress? Everything You Need to Know
- Elements of Intentional Infliction of Emotional Distress
- 1. Extreme or Outrageous Conduct
- 2. Intentional or Reckless Conduct
- 3. Severe Emotional Distress
- Extreme and Outrageous Conduct
- Intent/Recklessness
- Severe Emotional Distress
- Conclusion
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Intentional infliction of emotional distress (IIED) is a serious legal concept involving extreme conduct that causes severe emotional trauma. Understanding the elements of IIED is crucial for anyone considering taking legal action. If you believe you may have a claim, it’s essential to consult with a personal injury attorney near you for guidance.
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Explore the concept of Intentional Infliction of Emotional Distress (IIED), an intentional tort that causes severe emotional trauma due to extreme and outrageous conduct. If you're uncertain about your claim, consult an attorney near you to understand your rights and potential legal actions.
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Feb 28, 2025 10:19 PM
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What is Intentional Infliction of Emotional Distress? Everything You Need to Know
Intentional infliction of emotional distress (IIED) involves conduct so terrible that it causes severe emotional trauma. IIED is an intentional tort, a civil wrong committed on purpose. The victim can recover damages from the person causing the emotional distress. Courts are more likely to allow recovery when the emotional distress damages come with some form of physical injury resulting from the defendant's conduct.
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Elements of Intentional Infliction of Emotional Distress
States recognize different types of emotional distress claims. While some states' specific rules for IIED differ, the following intentional tort law elements are fairly common:
1. Extreme or Outrageous Conduct
The conduct must be extreme or outrageous, going beyond offensive acts. Even in a civilized community, people must have a certain level of thick skin to weather ordinary rude or obnoxious behavior. To rise to this level, the conduct must exceed all possible bounds of decency.
2. Intentional or Reckless Conduct
The actor must act with intent or recklessness, meaning they must intend to cause severe emotional distress or know that severe emotional distress is likely to occur.
3. Severe Emotional Distress
The emotional distress in response to extreme and outrageous behavior must reach a "severe" level. Plaintiffs must prove to a jury that the emotional distress they experienced was severe.
Extreme and Outrageous Conduct
It is important to define what exactly counts as extreme and outrageous conduct. With some exceptions, extreme and outrageous conduct goes beyond offensive acts. Everyday insults or rudeness don't usually qualify as extreme and outrageous conduct. However, they can rise to that level if there is some kind of special relationship between the parties, such as one of trust.
Intent/Recklessness
The actor must act with intent or recklessness. In other words, the actor must intend to cause severe emotional distress or know that severe emotional distress is likely to occur.
Severe Emotional Distress
The emotional distress must reach a "severe" level. The intensity and duration of the emotional distress also contribute to its severity. The longer the emotional disturbance continues, the more likely it's causing severe emotional distress.
Conclusion
Are you or a loved one unsure whether the facts of your claim justify filing a lawsuit? Do you want to better understand the law in your state for intentional infliction of emotional distress? Contact a personal injury attorney near you. Personal injury lawyers can assess your situation and recommend action.
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